United States District Court

Northern District Of Illinois

Local Rules

Admiralty Rules

LRSupC.1. Actions in Rem: Special Provisions

(a) Publication; Notice of Sale. The notice required by section (4) of Supplemental Rule C shall be published at least once and shall contain the fact and date of the arrest, the name of the Court, the title of the cause, the nature of the action, the amount demanded, the name of the marshal, the name and address of the attorney for the plaintiff, and a statement that claimants must file their claims pursuant to Supplemental Rule C(6) with the clerk within 10 days after the date of first publication or within such additional time as may be allowed by the court and must file and serve their answers within 20 days after the filing of their claims. The notice shall also state that all interested persons should file claims and answers within the times so fixed; otherwise default will be noted and condemnation ordered.

When property remains in custody of the marshal the cause will not be heard until after publication of notice of arrest shall have been made in that cause or in some other pending cause in which the property is held in custody. No final judgment shall be entered ordering the condemnation and sale of non-perishable property, arrested under process in rem, unless publication of notice of arrest in that cause shall have been duly made.

Unless otherwise ordered as provided by law, notice of sale of the property in suits in rem shall be published daily for at least 6 days before sale.

All publication shall be made in a newspaper of general circulation in the City of Chicago.

(b) Time Within Which to Show Cause. A summons issued pursuant to Supplemental Rule C(3) dealing with freight or the proceeds of property sold or other intangible property, shall set the date by which the person having control of the funds is to show cause. The date shall be at least 10 days after service of the summons. The court, for good cause shown, may shorten the period.

(c) Property in Possession of Collector of Customs. In suits in rem when property is in the possession or custody of the collector of customs the person or organization to whom the clerk delivered the warrant of arrest shall deliver a copy of the process to the collector together with notice of the arrest of the property therein described and require the collector to detain such property in custody until the further order of the court. This requirement shall be in addition to any publication of process made pursuant to section (a).

(d) Limitations on Claims Made After Sale. In proceedings in rem, claims upon the proceeds of sale of property under a final judgment order or decree, except for seamenís wages, will not be admitted in behalf of lienors who file complaints or petitions after the sale, to the prejudice of lienors who filed complaints or petitions before the sale, but shall be limited to the remnants and surplus, unless for cause shown it shall be otherwise ordered.