-CITE-

10 USC CHAPTER 657 - STAY OF JUDICIAL PROCEEDINGS 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 657 - STAY OF JUDICIAL PROCEEDINGS

.

-HEAD-

CHAPTER 657 - STAY OF JUDICIAL PROCEEDINGS

-MISC1-

Sec.

7721. Scope of chapter.

7722. Stay of suit.

7723. Stay of proceedings for preserving evidence after stay of

suit.

7724. Stay of proceedings for taking evidence before suit is filed.

7725. Stay extended or shortened.

7726. Reconsideration of stay.

7727. Duration of stay.

7728. Restricted certificate.

7729. Investigation before issue of certificate.

7730. Evidence admissible when witness is not available.

-CITE-

10 USC Sec. 7721 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 657 - STAY OF JUDICIAL PROCEEDINGS

-HEAD-

Sec. 7721. Scope of chapter

-STATUTE-

(a) This chapter applies to any suit against the United States

under the Act of March 3, 1925 (commonly referred to as the

''Public Vessels Act'') (46 U.S.C. App. 781-790) for -

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 483; Pub. L. 96-513, title V,

Sec. 513(43), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 100-26, Sec.

7(k)(10), Apr. 21, 1987, 101 Stat. 284; Pub. L. 103-35, title II,

Sec. 201(c)(11), May 31, 1993, 107 Stat. 98.)

-MISC1-

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Revised section Source (U.S. Code) Source (Statutes at

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7721(a) 46 U.S.C. 791 (2d July 3, 1944, ch.

sentence). 399, Sec. 1 (2d

sentence), 58 Stat.

723.

7721(b) 46 U.S.C. 793. July 3, 1944, ch.

399, Sec. 3, 58

Stat. 724.

-------------------------------

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 14

U.S.C. 3.

-REFTEXT-

REFERENCES IN TEXT

The Public Vessels Act, referred to in subsec. (a), is act Mar.

3, 1925, ch. 428, 43 Stat. 1112, as amended, which is classified

generally to chapter 22 (Sec. 781 et seq.) of Title 46, Appendix,

Shipping. For complete classification of this Act to the Code, see

Short Title note set out under section 781 of Title 46, Appendix,

and Tables.

-MISC2-

AMENDMENTS

1993 - Subsec. (a). Pub. L. 103-35 substituted ''(46 U.S.C. App.

781-790)'' for ''(46 U.S.C. 781-790)''.

1987 - Subsec. (b). Pub. L. 100-26 inserted '', the term'' after

''In this chapter''.

1980 - Subsec. (a). Pub. L. 96-513 substituted ''the Act of March

3, 1925 (commonly referred to as the 'Public Vessels Act') (46

U.S.C. 781-790)'' for ''sections 781-790 of title 46''.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-513 effective Dec. 12, 1980, see section

701(b)(3) of Pub. L. 96-513, set out as a note under section 101 of

this title.

-TRANS-

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

sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic

Security, and the Department of Homeland Security Reorganization

Plan of November 25, 2002, as modified, set out as a note under

section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 7722, 7724 of this title.

-CITE-

10 USC Sec. 7722 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 657 - STAY OF JUDICIAL PROCEEDINGS

-HEAD-

Sec. 7722. Stay of suit

-STATUTE-

(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

section 7721 of this title is pending, that the prosecution of the

suit would tend to endanger the security of naval operations in the

war, or would tend to interfere with those operations, all further

proceedings in the suit shall be stayed.

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 484.)

-MISC1-

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Revised section Source (U.S. Code) Source (Statutes at

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---------------------------------------------------------------------

7722(a) 46 U.S.C. 791 (1st July 3, 1944, ch.

sentence, less 399, Sec. 1 (1st

applicability to sentence, less

duration of stay). applicability to

duration of stay),

58 Stat. 723.

7722(b) 46 U.S.C. 791 (less July 3, 1944, ch.

1st and 2d 399, Sec. 1 (less

sentences and less 1st and 2d

proviso). sentences and less

proviso), 58 Stat.

723.

-------------------------------

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''.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7723 of this title.

-CITE-

10 USC Sec. 7723 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 657 - STAY OF JUDICIAL PROCEEDINGS

-HEAD-

Sec. 7723. Stay of proceedings for preserving evidence after stay

of suit

-STATUTE-

If, at the time of certification under section 7722 of this

title, or at any time before the termination of the stay based on

the certificate, the Secretary of the Navy files with the court an

additional certificate to the effect that the issue of any process

to preserve evidence or the completion of action on process

previously issued would tend to endanger the security of the United

States or of any of its naval or military operations in the war, or

would tend to interfere with those operations, then all proceedings

for the taking or preserving of evidence to be used by either party

in the trial shall be stayed.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 484.)

-MISC1-

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7723 46 U.S.C. 791 July 3, 1944, ch.

(proviso, less 399, Sec. 1

applicability to (proviso, less

duration of stay). applicability to

duration of stay),

58 Stat. 723.

-------------------------------

The word ''stayed'' is substituted for the word ''suspended'' for

uniformity and clarity.

-CITE-

10 USC Sec. 7724 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 657 - STAY OF JUDICIAL PROCEEDINGS

-HEAD-

Sec. 7724. Stay of proceedings for taking evidence before suit is

filed

-STATUTE-

(a) If in time of war, with respect to any claim against the

United States on which a suit described in section 7721 of this

title would lie, the Secretary of the Navy certifies to the court,

or to a judge of the court, in which proceedings are pending for -

(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 section 7721 of this title is computed by excluding

the time during which a stay under this section or any extension of

such a stay is in effect.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 484.)

-MISC1-

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Revised section Source (U.S. Code) Source (Statutes at

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---------------------------------------------------------------------

7724 46 U.S.C. 792 (less July 3, 1944, ch.

applicability to 399, Sec. 2 (less

duration of stay). applicability to

duration of stay),

58 Stat. 724.

46 U.S.C. 796. July 3, 1944, ch.

399, Sec. 6, 58

Stat. 726.

-------------------------------

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.

-CITE-

10 USC Sec. 7725 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 657 - STAY OF JUDICIAL PROCEEDINGS

-HEAD-

Sec. 7725. Stay extended or shortened

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 484.)

-MISC1-

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7725 46 U.S.C. 794 (1st, July 3, 1944, ch.

and 9th (less 399, Sec. 4 (1st,

proviso), and 9th (less

sentences). proviso),

sentences), 58

Stat. 724.

-------------------------------

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7727 of this title.

-CITE-

10 USC Sec. 7726 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 657 - STAY OF JUDICIAL PROCEEDINGS

-HEAD-

Sec. 7726. Reconsideration of stay

-STATUTE-

(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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)

-MISC1-

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7726(a) 46 U.S.C. 794 (2d, July 3, 1944, ch.

3d, and 4th 399, Sec. 4 (2d,

sentences). 3d, and 4th

sentences), 58

Stat. 724.

7726(b) 46 U.S.C. 794 (5th July 3, 1944, ch.

sentence). 399, Sec. 4 (5th

sentence), 58 Stat.

724.

7726(c) 46 U.S.C. 794 (6th July 3, 1944, ch.

and 7th sentences). 399, Sec. 4 (6th

and 7th sentences),

58 Stat. 724.

-------------------------------

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7727 of this title.

-CITE-

10 USC Sec. 7727 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 657 - STAY OF JUDICIAL PROCEEDINGS

-HEAD-

Sec. 7727. Duration of stay

-STATUTE-

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

section 7725 or 7726 of this title changing the termination date.

However, a stay under this chapter may not remain in force longer

than six months after the cessation of hostilities.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)

-MISC1-

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7727 46 U.S.C. 791 (1st July 3, 1944, ch.

sentence as 399, Sec. 1 (1st

applicable to sentence as

duration of stay, applicable to

and proviso as duration of stay,

applicable to and proviso as

duration of stay). applicable to

duration of stay),

58 Stat. 723.

46 U.S.C. 792 (as July 3, 1944, ch.

applicable to 399, Sec. 2 (as

duration of stay). applicable to

duration of stay),

58 Stat. 724.

646 U.S.C. 794 (8th July 3, 1944, ch.

sentence and 399, Sec. 4 (8th

proviso of 9th sentence and

sentence). proviso of 9th

sentence), 58 Stat.

724.

-------------------------------

-CITE-

10 USC Sec. 7728 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 657 - STAY OF JUDICIAL PROCEEDINGS

-HEAD-

Sec. 7728. Restricted certificate

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)

-MISC1-

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7728 46 U.S.C. 794 (10th July 3, 1944, ch.

sentence). 399, Sec. 4 (10th

sentence), 58 Stat.

724.

-------------------------------

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.

-CITE-

10 USC Sec. 7729 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 657 - STAY OF JUDICIAL PROCEEDINGS

-HEAD-

Sec. 7729. Investigation before issue of certificate

-STATUTE-

The Secretary of the Navy may not issue a certificate under this

chapter until he satisfies himself by investigation that it is

necessary.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)

-MISC1-

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7729 46 U.S.C. 794 (less July 3, 1944, ch.

1st 10 sentences). 399, Sec. 4 (less

1st 10 sentences),

58 Stat. 724.

-------------------------------

-CITE-

10 USC Sec. 7730 01/06/03

-EXPCITE-

TITLE 10 - ARMED FORCES

Subtitle C - Navy and Marine Corps

PART IV - GENERAL ADMINISTRATION

CHAPTER 657 - STAY OF JUDICIAL PROCEEDINGS

-HEAD-

Sec. 7730. Evidence admissible when witness is not available

-STATUTE-

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.

-SOURCE-

(Aug. 10, 1956, ch. 1041, 70A Stat. 485.)

-MISC1-

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Revised section Source (U.S. Code) Source (Statutes at

Large)

---------------------------------------------------------------------

7730 46 U.S.C. 795. July 3, 1944, ch.

399, Sec. 5, 58

Stat. 725.

-------------------------------

The words ''naval'', ''board of investigation'', and ''Coast

Guard investigation'' are omitted as surplusage.

-CITE-