10 U.S.C. § 8892 — Stay of suit
submitted 70 years ago by ch. 1041 to r/title-10-ARMED-FORCES · 107 words · no verdicts yet
This section requires a stay of a covered suit when the Secretary of the Navy certifies during wartime that continuing it would endanger or interfere with naval operations. It preserves certain evidence-taking actions.
(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 must 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.
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.
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.)
- 1956Enacted · Act of Aug. 10, 1956, ch. 1041
- 2018Amended · Pub. L. 115-232 · 132 Stat. 1837, 1840
A history note hasn’t been published yet. The record shows enactment by ch. 1041 on 1956-08-10.
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