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Service of Process >> Admiralty Admiralty:
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The information related to the service of
court process that is contained on this web site is general information
and not intended to be an exhaustive or definitive explanation or depiction
of Federal rules of procedures for the service of process.
Readers are directed to the Federal Rules of Criminal and
Civil Procedure; personal legal counsel; the United States Code, Titles 18 and 28;
their local
U.S. Attorney's Office and District Court for
specific, authoritative guidance.
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JURISDICTION: Admiralty and maritime
jurisdiction is part of the judicial power conferred upon the courts of
the
United States by the Constitution which provides "[t]he judicial
power shall extend . . . to all cases of admiralty and maritime
jurisdiction" (Article III, Section 2). Subject to specific statutes,
the authority of a district court is generally limited to the
geographical limits of the district, including the territorial waters
bordering the district (a distance of approximately 3 miles offshore
Band approximately 9 miles on the Gulf coast of Florida and Texas).
However, bodies of water that are wholly located within a single state
and are not navigable nor used in interstate or foreign commerce would
not be included in the admiralty jurisdiction. In short, admiralty in
rem jurisdiction of the federal court and the USMS authority to
arrest vessels is limited to vessels and/or cargo physically within the
territorial jurisdictional authority of the district.
U.S. MARSHAL'S AUTHORITY: The USMS becomes involved in admiralty matters by carrying out orders of the federal courts (28 USC 566) as well as mandates found in the Supplemental Rules for Certain Admiralty and Maritime Claims. TYPES OF MARITIME ACTIONS: There are three types of maritime actions: in rem, quasi in rem and in personam.
GENERAL PROCEDURES: Upon authorization of the court or the clerk, the clerk will issue a warrant for the arrest of the vessel or other property that is the subject of the action or will issue a Writ of Maritime Attachment or Garnishment and deliver it to the U.S. Marshal for service. There are basic procedures that should be reviewed and followed in order to achieve the arrest, attachment, or garnishment. Although the Supplemental Rules for Certain Admiralty and Maritime Claims authorize persons or organizations other than the U.S. Marshal to be named by the court to execute the warrant of arrest, or writ of attachment or garnishment, seizure of a vessel and tangible property on a vessel remain exclusively the task of the U.S. Marshals Service. Seizure of other tangible or intangible property can now properly be undertaken by other persons or organizations if named by the court in the warrant of arrest, writ of attachment, or garnishment. In addition, many districts have local rules pertaining to admiralty procedures and these must be followed where applicable. You are advised to contact the appropriate local U.S. Marshals office for guidance.
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