46 U.S.C. § 31110 — Subpoenas to officers or members of crew
submitted 20 years ago by Pub. L. 109-304 to r/title-46-SHIPPING · 69 words · no verdicts yet
An officer or crew member of a public vessel cannot be subpoenaed in a civil lawsuit under this chapter without permission. That permission must come from the department or agency in charge of the vessel when the case arose. The vessel's current master or commanding officer can give permission instead.
This section limits who can subpoena an officer or crew member of a public vessel* in a civil case brought under this chapter. Such a subpoena is not allowed unless one of two people consents first. The first option is the Secretary of the department, or the head of the independent agency*, that controlled the vessel at the time the cause of action arose. The second option is the master or commanding officer of the vessel — but this consent has to come from whoever holds that job at the time the subpoena is actually issued, not at the time the case arose.
An officer or member of the crew of a public vessel* may not be subpoenaed in a civil action under this chapter without the consent of—
the Secretary of the department or the head of the independent establishment having control of the vessel at the time the cause of action arose; or
the master or commanding officer of the vessel at the time the subpoena is issued.
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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