JAN j 6 2010 - United States District Court

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Reference to the former Local Admiralty Rules refers to the former Local Rules of the Southern District of Florida. (b) Comments on Specific Sections. These Local Admiralty Rules are substantially similar to the Local Rules for the Middle District and therefore provide for consistency and uniformity in admiralty and maritime claims in the state. A(l)and A(3) continue in substance former Local Admiralty Rule l(a). A(4) continues the "IN ADMIRALTY" designation requirements of former Local Admiralty Rule 7(a). Under the revised rule, the "IN ADMIRALTY" designation is required to be posted to all complaints even if the complaint is filed as a Federal Rule of Civil Procedure 9 (h) action and jurisdiction would exist on another basis, e.g., federal question or diversity jurisdiction. A(5) continues the requirements of former Local Admiralty Rule 8. A(6) continues the requirements of former Local Admiralty Rule 2 (a) . A(7) enlarges upon former Local Admiralty Rule 3 (a) which addressed notice by publication only in cases filed pursuant to Supplemental Rule C(4). The revised rule extends the publication provisions to all Federal Rule of Civil Procedure 9(h) actions for which notice by publication is required. In addition, the existing provisions have been altered to require that the publication shall be made both in the county where the vessel, or other property, was located at the time of arrest, attachment or seizure; and if different, in the county within the Division of this Court in which the suit is pending. A(8) continues the requirements of former Local Admiralty Rule 2(c). A(9) adopts the definition of "Court" provided in the Advisory Notes to the August 1, 1985, amendments to the Supplemental Rules. As defined in these Local Admiralty Rules, the terms "Court" or "judicial officer" shall extend to United States Magistrates Judges assigned to the Southern District of Florida. The committee notes that the delegation of the duties contemplated by this definition are consistent with the jurisdictional grant to the United States Magistrate Judges as set forth in Title 28, United States Code, Section 636(a). Where the terms "Court" and "judicial officer" are not used, these Local Admiralty Rules contemplate that without further order of Court, the responsibility of taking the specific action shall be vested with a District Judge. A(10) provides for an Appendix of Forms to the Local Admiralty Rules. The former Local Admiralty Rules incorporated the text of some forms within the specific Local Admiralty Rules and included some forms in an Appendix. The Appendix of Forms provides an alternate method of presenting the format and content of necessary admiralty forms. 108
As noted in the revised Local Admiralty Rules, these forms are provided as examples, and are not intended to be mandatory. In addition to the specific forms referred to in the Local Admiralty Rules, the Appendix also includes other commonly used admiralty forms for the use and convenience of counsel. (1998) These Local Admiralty Rules are amended in 1998 to correct scrivener's errors and to require the custodian or substitute custodian to comply with orders of the Captain of the Port, United States Coast Guard. (2010) Amended to conform tabulation to the style used in the federal rules of procedure. Rule B^. Attachment and Garnishment: Special Provisions 4±K(aL Definition of "Not Found Within the District." In an action in personam filed pursuant to Supplemental Rule B, a defendant shall be considered "not found within the District" if the defendant cannot be served within the Southern District of Florida with the summons and complaint as provided by Federal Rule of Civil Procedure 4(d)(1), (2), (3), or (6). 4£Mb) Verification of Complaint Required. In addition to the specific requirements of Local Admiralty Rule A(5)l(e), whenever verification is made by the plaintiff's attorney or agent, and that person does not have personal knowledge, or knowledge acquired in the ordinary course of business of the facts alleged in the complaint, the attorney or agent shall also state the circumstances which make it necessary for that person to make the verification, and shall indicate the source of the attorney's or agent's information. 43Mc) Pre-seizure Requirements. In accordance with Supplemental Rule B(l), the process of attachment and garnishment shall issue only after one of the following conditions has been met: 4a-Hl) Judicial Review Prior to Issuance. Except as provided in Local Admiralty Rule B(3) (b)2(c) (2), a judicial officer shall first review the verified complaint, and any other relevant case papers, prior to the Clerk of the Court issuing the requested process of attachment and garnishment. No notice of this pre-arrest judicial review is required to be given to any person or prospective party. If the Court finds that probable cause exists to issue the process of attachment and garnishment, plaintiff shall prepare an order for the Court's signature directing the Clerk of the Court to issue the process. This order shall substantially conform in format and content to the form identified as SDF 1 in the Appendix of these Local Admiralty Rules. Upon receipt of the signed order, the Clerk of the Court shall file the order and, in accordance with Local Admiralty Rule B(3) (c) 2 (c) (3) , issue the summons and process of attachment and garnishment. Thereafter the Clerk of the Court may issue supplemental process without further order of Court. f(2) Certification of Exigent Circumstances. If the plaintiff files a written certification that exigent circumstances make review by the Court impracticable, the Clerk of the Court shall, in accordance with Local Admiralty 109
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United States District Court Southe
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Administrative Order 94-51, In Re A
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e disclosed to the Clerk of the Cou
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Authority (1993) Former Local Rules
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compliance with the CM/ECF Administ
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Re: Repeal of Local Rule 5.2.D and
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and Court filings are matters of pu
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supplanting original electronic fil
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the date of any hearing held on the
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limitations. (2000) The addition of
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A. Motions for Attornoyo Food and/o
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substantially similar to) AO 133 of
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Authority (1993) Former Local Rule
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Roll of Attorneys. The Bar of this
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Except as otherwise ordered by a Ju
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If the complaint alleges a violatio
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Comments (1993) This Local Rule has
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Rule 16.1^A(a) above; 4fef(B) The d
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the specific acts or omissions reli
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anticipated; and with the Court's p
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of Mediators. j^(l) Certification o
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Procedures to Refer a Case or Claim
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: : . ORDER OF REFERRAL Trial havi
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: . ORDER SCHEDULING MEDIATION The
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or to the Chief Judge's designee. E
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class action plaintiff move, within
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conducted until after the expert su
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discovery or for a protective order
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) Plaintiff,) ) vs.) ) Defendant.)
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Rule 3. Retention of Membership in
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j— (i) Referral. Any District Jud
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Effective Dec. 1, 1994. Amended eff
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cause for such withdrawal is furnis
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Comments (1996) Section A. and B.2.
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Jurisdiction and Powers. (1) The Co
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Court shall issue an order requirin
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jfc-r (1) the procedure in that oth
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If after meeting with the attorney
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the reinstatement proceeding. Effec
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JAN j 6 2010 - United States District Court

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