2018 US Code
Title 10 - Armed Forces
Subtitle C - Navy and Marine Corps
Part IV - General Administration
Chapter 885 - Stay of Judicial Proceedings
Sec. 8892 - Stay of suit

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Citation 10 U.S.C. § 8892 (2018)
Section Name §8892. Stay of suit
Section Text

(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 8891 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 Credit

(Aug. 10, 1956, ch. 1041, 70A Stat. 484, §7722; renumbered §8892 and amended Pub. L. 115–232, div. A, title VIII, §§807(d)(10), 809(a), Aug. 13, 2018, 132 Stat. 1837, 1840.)

Editorial Notes
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large)
7722(a) 46 U.S.C. 791 (1st sentence, less applicability to duration of stay). July 3, 1944, ch. 399, §1 (1st sentence, less applicability to duration of stay), 58 Stat. 723.
7722(b) 46 U.S.C. 791 (less 1st and 2d sentences and less proviso). July 3, 1944, ch. 399, §1 (less 1st and 2d 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".

AMENDMENTS

2018—Pub. L. 115–232, §807(d)(10), renumbered section 7722 of this title as this section.

Subsec. (a). Pub. L. 115–232, §809(a), substituted "section 8891" for "section 7721".

EFFECTIVE DATE OF 2018 AMENDMENT

Amendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of amendments and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.

Publication Title United States Code, 2018 Edition, Title 10 - ARMED FORCES
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 10 - ARMED FORCES
Subtitle C - Navy and Marine Corps
PART IV - GENERAL ADMINISTRATION
CHAPTER 885 - STAY OF JUDICIAL PROCEEDINGS
Sec. 8892 - Stay of suit
Contains section 8892
Date 2018
Laws In Effect As Of Date January 14, 2019
Positive Law Yes
Disposition standard
Statutes at Large References 58 Stat. 723
132 Stat. 1837
Public Law References Public Law 115-232
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