10 U.S. Code § 7724 - Stay of proceedings for taking evidence before suit is filed

§ 7724.
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 7721 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—
the granting of a dedimus potestatem to take depositions;
a direction to take depositions in perpetuam rei memoriam; or
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.
The time during which a claimant may file suit of the type described in section 7721 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.)

Historical and Revision Notes

Revised section

Source (U.S. Code)

Source (Statutes at Large)


46 U.S.C. 792 (less applicability to duration of stay).

July 3, 1944, ch. 399, § 2 (less applicability to duration of stay), 58 Stat. 724.

46 U.S.C. 796.

July 3, 1944, ch. 399, § 6, 58 Stat. 726.

In subsection (b) the words “upon a claim against the United States” and “as to any proceedings by or on behalf of such claimant for the taking of a deposition or the production of evidence in connection with or in relation to such claim” are omitted as surplusage.


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