46 U.S.C. § 31105 — Security when counterclaim filed
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 61 words · no verdicts yet
This law applies when someone sues under this chapter and the other side files a counterclaim. The person facing the counterclaim must give the usual security, unless the court excuses it. The original lawsuit is paused until that security is given.
If someone files a counterclaim in a case brought under this chapter, and the counterclaim is for the same kind of claim the original lawsuit was about, the person the counterclaim is against must give security. This has to be the usual amount and form of security for that kind of claim.
A court can order something different if there is a good reason shown to it.
Until the security is given, the original lawsuit is put on hold — it cannot move forward.
If a counterclaim is filed for a cause of action for which the original action is filed under this chapter, the respondent to the counterclaim shall give security in the usual amount and form to respond to the counterclaim, unless the court for cause shown orders otherwise. The proceedings in the original action shall be stayed until the security is given.
Source credit: (Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1522.)
- 2006Enacted · Pub. L. 109-304 · 120 Stat. 1522
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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