CHAPTER 885 —STAY OF JUDICIAL PROCEEDINGS
Editorial Notes
Amendments
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§8891. Scope of chapter
(a) This chapter applies to any suit against the United States under
(1) damage caused by a vessel in the naval service; or
(2) compensation for towage or salvage services, including contract salvage, rendered to a vessel in the naval service.
(b) In this chapter, the term "vessel in the naval service" means—
(1) any vessel of the Navy, manned by the Navy, or chartered on bareboat charter to the Navy; or
(2) when the Coast Guard is operating as a service in the Navy, any vessel of the Coast Guard, manned by the Coast Guard, or chartered on bareboat charter to the Coast Guard.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7721(a) | July 3, 1944, ch. 399, §1 (2d sentence), |
|
| 7721(b) | July 3, 1944, ch. 399, §3, |
In subsection (a) the words "wherein a claim is made" are omitted as surplusage. The words "vessel in the naval service" are substituted for the words "vessel in the Navy, or in the naval service" for brevity. No change in meaning results, since the term used in subsection (a) is defined in subsection (b).
In subsection (b) the words "service in" are substituted for the words "part of" to conform to the terminology used in
Editorial Notes
Amendments
2018—
2006—Subsec. (a).
1993—Subsec. (a).
1987—Subsec. (b).
1980—Subsec. (a).
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
Effective Date of 1980 Amendment
Amendment by
Transfer of Functions
For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see
§8892. Stay of suit
(a) Whenever in time of war the Secretary of the Navy certifies to a court, or to a judge of a court, in which a suit described in
(b) A stay under this section does not suspend the issue of process to take or preserve evidence to be used in the trial or prevent the completion of action under similar process issued before the stay.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7722(a) | July 3, 1944, ch. 399, §1 (1st sentence, less applicability to duration of stay), |
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| 7722(b) | July 3, 1944, ch. 399, §1 (less 1st and 2d sentences and less proviso), |
In subsection (a) the word "forthwith" is omitted as surplusage.
In subsection (b) the words "of proceedings in pending suits as provided" are omitted as surplusage. The words "does not suspend" are substituted for the words "shall not operate to suspend". The words "of the issues" and "the authority of" are omitted as surplusage. The words "issued before the stay" are substituted for the words "already issued at the time of such stay of suit".
Editorial Notes
Amendments
2018—
Subsec. (a).
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Effective Date of 2018 Amendment
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§8893. Stay of proceedings for preserving evidence after stay of suit
If, at the time of certification under
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7723 | July 3, 1944, ch. 399, §1 (proviso, less applicability to duration of stay), |
The word "stayed" is substituted for the word "suspended" for uniformity and clarity.
Editorial Notes
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Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§8894. Stay of proceedings for taking evidence before suit is filed
(a) If in time of war, with respect to any claim against the United States on which a suit described in
(1) the granting of a dedimus potestatem to take depositions;
(2) a direction to take depositions in perpetuam rei memoriam; or
(3) the taking of depositions or production of evidence pursuant to such dedimus potestatem or direction, or pursuant to any other proceedings for the purpose;
that the proceedings would tend to endanger the security of the United States or any of its naval or military operations in the war, or would tend to interfere with those operations, then the proceedings may not be started or, if they have been started, they shall, when the certificate is filed, be stayed.
(b) The time during which a claimant may file suit of the type described in
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7724 | July 3, 1944, ch. 399, §2 (less applicability to duration of stay), |
|
| July 3, 1944, ch. 399, §6, |
In subsection (b) the words "upon a claim against the United States" and "as to any proceedings by or on behalf of such claimant for the taking of a deposition or the production of evidence in connection with or in relation to such claim" are omitted as surplusage.
Editorial Notes
Amendments
2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§8895. Stay extended or shortened
The Secretary of the Navy, when a stay under this chapter is in effect, may file with the court, or a judge of the court, a certificate extending or shortening the time stated in the prior certificate. The filing of such a new certificate extends or shortens the stay to the period specified in the new certificate or terminates the stay if the new certificate so states.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7725 | July 3, 1944, ch. 399, §4 (1st, and 9th (less proviso), sentences), |
The words "or suspension", "either of prosecution of the suit or of the taking of testimony", "during which the prosecution of such suit or taking of such deposition or production of evidence would tend to endanger the security of the United States or of such operations in time of war, or to interfere therewith", "as the case may be", and "in relation to which it is made shall continue in effect" are omitted as surplusage.
Editorial Notes
Amendments
2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§8896. Reconsideration of stay
(a) A claimant or party who considers himself adversely affected by a stay under this chapter may serve a written notice on the Secretary of the Navy at Washington, D.C., requesting him to reconsider the stay previously issued and to issue a new certificate. The notice shall identify the stay by means of an attached copy of the certificate of the Secretary or a sufficient description of the stay. The notice may not contain any recital of the facts or circumstances involved.
(b) Within ten days after receiving notice under this section, the Secretary or his designee shall hold a secret meeting at which the claimant or party, or his representative, may present any facts and arguments he thinks material.
(c) Within ten days after a hearing under this section, the Secretary shall file with the court that ordered the stay a new certificate stating whether the stay is then to be terminated or for what period the stay is to continue in effect. If the Secretary fails to file a new certificate, the court, upon application by the claimant or party, shall issue an order directing the Secretary to file a new certificate within a specified time.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7726(a) | July 3, 1944, ch. 399, §4 (2d, 3d, and 4th sentences), |
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| 7726(b) | July 3, 1944, ch. 399, §4 (5th sentence), |
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| 7726(c) | July 3, 1944, ch. 399, §4 (6th and 7th sentences), |
In subsection (a) the words "then in effect", "upon which the stay is based", and "for its identification" are omitted as surplusage.
In subsection (b) the words "with respect to whether or not a stay should be issued or maintained" are omitted as surplusage. The words "his designee" are substituted for the words "some official designated by him" for brevity.
In subsection (c) the words "that ordered the stay" are substituted for the words "in which said stay is pending or the court in which the proceeding stayed was instituted" for brevity and clarity.
Editorial Notes
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Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§8897. Duration of stay
A stay of proceedings under this chapter remains in effect for the period specified in the certificate upon which it was based unless the Secretary of the Navy issues a new certificate under
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7727 | July 3, 1944, ch. 399, §1 (1st sentence as applicable to duration of stay, and proviso as applicable to duration of stay), |
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| July 3, 1944, ch. 399, §2 (as applicable to duration of stay), |
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| July 3, 1944, ch. 399, §4 (8th sentence and proviso of 9th sentence), |
Editorial Notes
Amendments
2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§8898. Restricted certificate
The Secretary of the Navy may restrict a certificate issued under this chapter so that it stays only the taking of testimony of certain witnesses or the production of evidence on certain subjects. The proceedings not stayed may continue.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7728 | July 3, 1944, ch. 399, §4 (10th sentence), |
The words "The Secretary of the Navy may restrict a certificate" are substituted for the words "Any certificate * * * by the Secretary of the Navy * * * may, in his discretion, be restricted." The words "the production of" are inserted for clarity. The words "in which event" are omitted as surplusage.
Editorial Notes
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2018—
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Effective Date of 2018 Amendment
Amendment by
§8899. Investigation before issue of certificate
The Secretary of the Navy may not issue a certificate under this chapter until he satisfies himself by investigation that it is necessary.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7729 | July 3, 1944, ch. 399, §4 (less 1st 10 sentences), |
Editorial Notes
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2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by
§8900. Evidence admissible when witness is not available
Whenever the court is satisfied by appropriate evidence or by agreement of counsel that the United States or the claimant is unable after reasonable efforts to secure the testimony of a witness and—
(1) the United States or the claimant has been prevented by a stay under this chapter from examining the witness; or
(2) the United States establishes that it has refrained from bringing a suit or from taking the testimony of the witness in a pending suit to avoid endangering the security of naval operations or interfering with such operations;
the court shall receive in evidence in place of the testimony of the witness—
(1) the affidavit of the witness duly sworn to before a notary public or other authorized officer; or
(2) the statement or testimony of the witness before a court-martial, a court of inquiry, or an investigation; but the use of such statement or testimony does not, in any litigation, make the remainder of the record admissible or compel the United States to produce the remainder of the record.
The court shall give such weight to the affidavit, statement, or testimony as it considers proper under the circumstances.
(Aug. 10, 1956, ch. 1041,
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 7730 | July 3, 1944, ch. 399, §5, |
The words "naval", "board of investigation", and "Coast Guard investigation" are omitted as surplusage.
Editorial Notes
Amendments
2018—
Statutory Notes and Related Subsidiaries
Effective Date of 2018 Amendment
Amendment by