46 U.S.C. § 30907 — Procedure for hearing and determination
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 112 words · no verdicts yet
This section sets rules about Procedure for hearing and determination. It assigns the listed duties, permissions, limits, or procedures to the people and organizations identified in the section.
(a) In General .— A civil action under this chapter must 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.
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.
The action may proceed according to the principles of an action in rem if—
the plaintiff elects in the complaint; and
it appears that an action in rem could have been maintained had the vessel* or cargo been privately owned and possessed.
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.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1518
A history note hasn’t been published yet. The record shows enactment by Pub. L. 109-304 on 2006-10-06.
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