Service of Process
Admiralty
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.
Proceedings In Rem:
In rem actions are brought to enforce any maritime lien, which is a
right against a particular vessel, her engines, boilers,
appurtenances, furnishings, fittings, etc., her bunkers, or cargo
involved directly in the incident. The action could have stemmed
from a ship mortgage, repairs, the supplying of necessaries, crew
wages, collision liability, loss of or damage to cargo, bodily
injury, salvage, wrongful death, or in accordance with authority
granted under an applicable statute including some types of
forfeiture actions. Execution of a Warrant of Arrest of the vessel
or cargo in admiralty cases is necessary to acquire jurisdiction in
an in rem action. An in rem suit in an admiralty action must be
started in the district where the vessel or cargo or tangible
property is located [Supplemental
Rule C(2)(c) and E(3)(a)]. However, if the vessel or cargo or
tangible property cannot be found or located therein, then the
complaint may be filed in any district of the United States and the
allegation made that it is expected within the district within the
pendency of the action. The court will not acquire admiralty
jurisdiction until the vessel or cargo or tangible property is
actually arrested within that district or dependent on the facts,
the parties otherwise agree to jurisdiction.
Quasi In Rem: The
Writ of Maritime Attachment (sometimes referred to as the Writ of
Foreign Attachment) and/or Garnishment is used to acquire personal
jurisdiction, to the extent of the value of the property seized,
over a defendant not found in the district (not being physically
present therein for purposes of service as opposed to doing
business in the district) and also acts as security for any judgment
that might be obtained in the action. This section should be
followed for the protection, maintenance, and upkeep of that
property. When process in rem or of maritime attachment or
garnishment has been issued, the vessel may be seized only in the
district issuing the process [Supplemental
Rule E(3)(a)]. Unless otherwise authorized by statute, a U.S.
Marshal may not arrest, attach, or garnish property outside the
territorial jurisdiction of his or her district [Supplemental
Rule E(3)(a)].
In Personam: In
personam actions are proceedings against a person or persons (e.g.,
the owner or owners of a vessel). An action in personam is used to
secure a judgment against the person rather than against the vessel
or other property involved in the incident. Often an action will be
brought both in personam and in rem.
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.
Note: 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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