Procedure for hearing and determination

  1. Law
  2. USC 46
  3. Shipping
  4. Maritime Liability
  5. SUITS IN ADMIRALTY AGAINST THE UNITED STATES
  6. Procedure for hearing and determination

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§30907. Procedure for hearing and determination

(a) In General.-A civil action under this chapter shall proceed and be heard and determined according to the principles of law and the rules of practice applicable in like cases between private parties.

(b) In Rem.-

(1) Requirements.-The action may proceed according to the principles of an action in rem if-

(A) the plaintiff elects in the complaint; and

(B) it appears that an action in rem could have been maintained had the vessel or cargo been privately owned and possessed.


(2) Effect on relief in personam.-An election under paragraph (1) does not prevent the plaintiff from seeking relief in personam in the same action.

( Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1518 .)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30907(a) 46 App.:743 (1st, 4th sentences). Mar. 9, 1920, ch. 95, §3 (1st, 4th–6th sentences), 41 Stat. 526 .
30907(b) 46 App.:743 (5th, 6th sentences).

In subsection (a), the text of 46 App. U.S.C. 743 (4th sentence) is omitted as unnecessary.

In subsection (b)(1)(A), the words "plaintiff" and "complaint" are substituted for "libelant" and "libel", respectively, for consistency with the Federal Rules of Civil Procedure (28 App. U.S.C.).

In subsection (b)(2), the words "in any proper case" are omitted as unnecessary.


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