(a) 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 he cannot be served within the Middle District of Florida with the summons and complaint as provided by Fed.R.Civ.P. 4(e)(1) or (2), (g), (h)(1), or (j)(1) or (2).
(b) Verification of Complaint Required: In addition to the specific requirements of Local Admiralty Rule 7.01(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.
(c) Pre-seizure Requirements: In accordance with Supplemental Rule (B)(1), the process of attachment and garnishment shall issue only after one of the following conditions has been met:
(d) Notification of Seizure to Defendant: In an in personam action under Supplemental Rule (B), it is expected that plaintiff and/or garnishee will initially attempt to perfect service of the notice in accordance with Supplemental Rule (B)(2)(a) or (b).
However, when service of the notice cannot be perfected in accordance with Supplemental Rule (B)(2)(a) or (b), plaintiff and/or garnishee should then attempt to perfect service in accordance with Supplemental Rule (B)(2)(c). In this regard, service of process shall be sufficiently served by leaving a copy of the process of attachment and garnishment with the defendant or garnishee at his usual place of business.
(e) Post-attachment Review Proceedings:
(f) Procedural Requirements for the Entry of Default: In accordance with Rule 55, Fed.R.Civ.P. and Local Rule 1.07(b), a party seeking the entry of default in a Supplemental Rule (B) action shall file a motion and supporting legal memorandum in accordance with Local Rule 3.01, and shall offer other proof sufficient to demonstrate that due notice of the action and seizure have been given in accordance with Local Admiralty Rule 7.02(d).
Upon review of the motion, memorandum, and other proof, the Clerk shall, where appropriate, enter default in accordance with Rule 55(a), Fed.R.Civ.P. Thereafter, the Clerk shall serve notice of the entry of default upon all parties represented in the action.
(g) Procedural Requirements for the Entry of Default Judgment: Not sooner than seven nor later than 30 days following notice of the entry of default, the party seeking the entry of default judgment shall file a motion and supporting legal memorandum in accordance with Local Rule 3.01, along with other appropriate exhibits to the motion sufficient to support the entry of default judgment. The moving party shall serve these papers upon every other party to the action and file a Certificate of Service indicating the date and manner in which service was perfected.
A party opposing the entry of default judgment shall have seven days from the receipt of the motion to file written opposition with the Court. Thereafter, unless otherwise ordered by the Court, the motion for the entry of default judgment will be heard without oral argument.