Also known as: actions in rem · in rem action · in rem actions · in rem
Written by attorneys · grounded in primary & secondary sources — see below
A judicial proceeding directed against a specific item of property rather than against an individual or entity. The proceeding determines rights in the property itself and binds all persons with interests in that property.
Anthony Arnold sued Argonaut Shipping in State B for unpaid consulting fees arising from work performed entirely in State A. He attached a vessel owned by the company that was docked in State B solely for repairs unrelated to the contract. The court dismissed the action because the vessel's presence alone supplied no minimum contacts with the claim.
Andre Antoine filed an action in rem against the vessel M/V Horizon after the ship damaged his dock during unloading. The court arrested the vessel under admiralty rules and allowed the proceeding to continue directly against the ship as the defendant.
Select any source to read its text and confirm it supports the definition.
Adam Anderson brought a third-party complaint in an admiralty case against a barge that had caused a collision. Because the claim fell within maritime jurisdiction, the court permitted the complaint to proceed in rem against the barge itself.
Alexandra Armstrong sought to foreclose a preferred mortgage on a foreign-flagged cargo ship located in a U.S. port. The court allowed the action in rem against the vessel under federal maritime statutes even though the owner was a foreign state.
Austin Abbott attached a parcel of land in State B to collect a judgment obtained against Adrian Aguilar for a contract breach that occurred in State A. The court held that the land's mere presence did not confer jurisdiction over the unrelated personal claim.
Alliance Holdings challenged the government's seizure of equipment used in a federal violation. The court treated the proceeding as one in rem against the equipment and required direct notice to known owners before forfeiture.
A plaintiff may proceed in rem when a federal statute or maritime lien authorizes an action against the property itself, such as a vessel subject to a maritime lien.
Supporting sources
No. When the claim is unrelated to the property, its mere presence does not establish the minimum contacts required for personal jurisdiction over the owner.
Due process requires that known or easily ascertainable owners receive notice by mail or equivalent direct means rather than publication alone.
Yes. Federal Rule of Civil Procedure 14(a)(6) expressly permits a third-party complaint to proceed in rem when the claim falls within admiralty or maritime jurisdiction.
…assertion of jurisdiction over the individual defendants (appellants) in this case cannot be sustained on the basis of the in rem jurisdiction theory that the stock in the corporation was “located” in Delaware and was the subject of the lawsuit. Pp. 196-200. (a) The fiction that a court’s power to adjudicate a…