46 USC 30907 - Procedure for Hearing and Determination

(a) In General.—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.

(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.

(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1518.)

Historical and Revision Notes
Revised

Section

Source (U.S. Code)Source (Statutes at Large)
30907(a) 46 App.:743 (1st, 4th sentences). Mar. 9, 1920, ch. 95, §3 (1st, 4th–6th sentences), 41 Stat. 526.
30907(b) 46 App.:743 (5th, 6th sentences).

Sections:  Previous  30707  30901  30902  30903  30904  30905  30906  30907  30908  30909  30910  30911  30912  30913  30914  Next

Last modified: October 26, 2015