1. U.S. Code
  2. title 10
  3. subtitle C
  4. part IV
  5. chapter 885
  6. § 8900

Collapse to view only § 8900. Evidence admissible when witness is not available

§ 8891. Scope of chapter
(a) This chapter applies to any suit against the United States under chapter 311 of title 46 for—
(1) damage caused by a vessel in the naval service; or
(2) compensation for towage or salvage services, including contract salvage, rendered to a vessel in the naval service.
(b) In this chapter, the term “vessel in the naval service” means—
(1) any vessel of the Navy, manned by the Navy, or chartered on bareboat charter to the Navy; or
(2) when the Coast Guard is operating as a service in the Navy, any vessel of the Coast Guard, manned by the Coast Guard, or chartered on bareboat charter to the Coast Guard.
(Aug. 10, 1956, ch. 1041, 70A Stat. 483, § 7721; Pub. L. 96–513, title V, § 513(43), Dec. 12, 1980, 94 Stat. 2935; Pub. L. 100–26, § 7(k)(10), Apr. 21, 1987, 101 Stat. 284; Pub. L. 103–35, title II, § 201(c)(11), May 31, 1993, 107 Stat. 98; Pub. L. 109–304, § 17(a)(6), Oct. 6, 2006, 120 Stat. 1706; renumbered § 8891, Pub. L. 115–232, div. A, title VIII, § 807(d)(10), Aug. 13, 2018, 132 Stat. 1837.)

CITE AS: 10 USC 8891

§ 8892. Stay of suit
(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.
(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.)

CITE AS: 10 USC 8892

§ 8893. Stay of proceedings for preserving evidence after stay of suit

If, at the time of certification under section 8892 of this title, or at any time before the termination of the stay based on the certificate, the Secretary of the Navy files with the court an additional certificate to the effect that the issue of any process to preserve evidence or the completion of action on process previously issued would tend to endanger the security of the United States or of any of its naval or military operations in the war, or would tend to interfere with those operations, then all proceedings for the taking or preserving of evidence to be used by either party in the trial shall be stayed.

(Aug. 10, 1956, ch. 1041, 70A Stat. 484, § 7723; renumbered § 8893 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(10), 809(a), Aug. 13, 2018, 132 Stat. 1837, 1840.)

CITE AS: 10 USC 8893

§ 8894. Stay of proceedings for taking evidence before suit is filed
(a) If in time of war, with respect to any claim against the United States on which a suit described in section 8891 of this title would lie, the Secretary of the Navy certifies to the court, or to a judge of the court, in which proceedings are pending for—
(1) the granting of a dedimus potestatem to take depositions;
(2) a direction to take depositions in perpetuam rei memoriam; or
(3) the taking of depositions or production of evidence pursuant to such dedimus potestatem or direction, or pursuant to any other proceedings for the purpose;
that the proceedings would tend to endanger the security of the United States or any of its naval or military operations in the war, or would tend to interfere with those operations, then the proceedings may not be started or, if they have been started, they shall, when the certificate is filed, be stayed.
(b) The time during which a claimant may file suit of the type described in section 8891 of this title is computed by excluding the time during which a stay under this section or any extension of such a stay is in effect.
(Aug. 10, 1956, ch. 1041, 70A Stat. 484, § 7724; renumbered § 8894 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(10), 809(a), Aug. 13, 2018, 132 Stat. 1837, 1840.)

CITE AS: 10 USC 8894

§ 8895. Stay extended or shortened

The Secretary of the Navy, when a stay under this chapter is in effect, may file with the court, or a judge of the court, a certificate extending or shortening the time stated in the prior certificate. The filing of such a new certificate extends or shortens the stay to the period specified in the new certificate or terminates the stay if the new certificate so states.

(Aug. 10, 1956, ch. 1041, 70A Stat. 484, § 7725; renumbered § 8895, Pub. L. 115–232, div. A, title VIII, § 807(d)(10), Aug. 13, 2018, 132 Stat. 1837.)

CITE AS: 10 USC 8895

§ 8896. Reconsideration of stay
(a) A claimant or party who considers himself adversely affected by a stay under this chapter may serve a written notice on the Secretary of the Navy at Washington, D.C., requesting him to reconsider the stay previously issued and to issue a new certificate. The notice shall identify the stay by means of an attached copy of the certificate of the Secretary or a sufficient description of the stay. The notice may not contain any recital of the facts or circumstances involved.
(b) Within ten days after receiving notice under this section, the Secretary or his designee shall hold a secret meeting at which the claimant or party, or his representative, may present any facts and arguments he thinks material.
(c) Within ten days after a hearing under this section, the Secretary shall file with the court that ordered the stay a new certificate stating whether the stay is then to be terminated or for what period the stay is to continue in effect. If the Secretary fails to file a new certificate, the court, upon application by the claimant or party, shall issue an order directing the Secretary to file a new certificate within a specified time.
(Aug. 10, 1956, ch. 1041, 70A Stat. 485, § 7726; renumbered § 8896, Pub. L. 115–232, div. A, title VIII, § 807(d)(10), Aug. 13, 2018, 132 Stat. 1837.)

CITE AS: 10 USC 8896

§ 8897. Duration of stay

A stay of proceedings under this chapter remains in effect for the period specified in the certificate upon which it was based unless the Secretary of the Navy issues a new certificate under section 8895 or 8896 of this title changing the termination date. However, a stay under this chapter may not remain in force longer than six months after the cessation of hostilities.

(Aug. 10, 1956, ch. 1041, 70A Stat. 485, § 7727; renumbered § 8897 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(10), 809(a), Aug. 13, 2018, 132 Stat. 1837, 1840.)

CITE AS: 10 USC 8897

§ 8898. Restricted certificate

The Secretary of the Navy may restrict a certificate issued under this chapter so that it stays only the taking of testimony of certain witnesses or the production of evidence on certain subjects. The proceedings not stayed may continue.

(Aug. 10, 1956, ch. 1041, 70A Stat. 485, § 7728; renumbered § 8898, Pub. L. 115–232, div. A, title VIII, § 807(d)(10), Aug. 13, 2018, 132 Stat. 1837.)

CITE AS: 10 USC 8898

§ 8899. Investigation before issue of certificate

The Secretary of the Navy may not issue a certificate under this chapter until he satisfies himself by investigation that it is necessary.

(Aug. 10, 1956, ch. 1041, 70A Stat. 485, § 7729; renumbered § 8899, Pub. L. 115–232, div. A, title VIII, § 807(d)(10), Aug. 13, 2018, 132 Stat. 1837.)

CITE AS: 10 USC 8899

§ 8900. Evidence admissible when witness is not available
Whenever the court is satisfied by appropriate evidence or by agreement of counsel that the United States or the claimant is unable after reasonable efforts to secure the testimony of a witness and—
(1) the United States or the claimant has been prevented by a stay under this chapter from examining the witness; or
(2) the United States establishes that it has refrained from bringing a suit or from taking the testimony of the witness in a pending suit to avoid endangering the security of naval operations or interfering with such operations;
the court shall receive in evidence in place of the testimony of the witness—
(1) the affidavit of the witness duly sworn to before a notary public or other authorized officer; or
(2) the statement or testimony of the witness before a court-martial, a court of inquiry, or an investigation; but the use of such statement or testimony does not, in any litigation, make the remainder of the record admissible or compel the United States to produce the remainder of the record.
The court shall give such weight to the affidavit, statement, or testimony as it considers proper under the circumstances.
(Aug. 10, 1956, ch. 1041, 70A Stat. 485, § 7730; renumbered § 8900, Pub. L. 115–232, div. A, title VIII, § 807(d)(10), Aug. 13, 2018, 132 Stat. 1837.)

CITE AS: 10 USC 8900