2011 US Code
Title 46 - Shipping
Subtitle III - Maritime Liability (§§ 30101 - 31343)
Chapter 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES (§§ 30901 - 30918)
Section 30907 - Procedure for hearing and determination

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Metadata
Publication TitleUnited States Code, 2006 Edition, Supplement 5, Title 46 - SHIPPING
CategoryBills and Statutes
CollectionUnited States Code
SuDoc Class NumberY 1.2/5:
Contained WithinTitle 46 - SHIPPING
Subtitle III - Maritime Liability
CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES
Sec. 30907 - Procedure for hearing and determination
Containssection 30907
Date2011
Laws in Effect as of DateJanuary 3, 2012
Positive LawYes
Dispositionstandard
Source CreditPub. L. 109-304, §6(c), Oct. 6, 2006, 120 Stat. 1518.
Statutes at Large References41 Stat. 526
120 Stat. 1518
Public Law ReferencePublic Law 109-304

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46 USC § 30907 (2011)
§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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