2016 US Code
Title 46 - Shipping
Subtitle III - Maritime Liability
Chapter 309 - Suits in Admiralty Against the United States
Sec. 30907 - Procedure for hearing and determination

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Citation 46 U.S.C. § 30907 (2016)
Section Name §30907. Procedure for hearing and determination
Section Text

(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.

Source Credit

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

Editorial Notes
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.

Publication Title United States Code, 2012 Edition, Supplement 4, Title 46 - SHIPPING
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 46 - SHIPPING
Subtitle III - Maritime Liability
CHAPTER 309 - SUITS IN ADMIRALTY AGAINST THE UNITED STATES
Sec. 30907 - Procedure for hearing and determination
Contains section 30907
Date 2016
Laws In Effect As Of Date January 6, 2017
Positive Law Yes
Disposition standard
Statutes at Large References 41 Stat. 526
120 Stat. 1518
Public Law References Public Law 109-304
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