
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC7724]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle C--Navy and Marine Corps
 
                     PART IV--GENERAL ADMINISTRATION
 
                CHAPTER 657--STAY OF JUDICIAL PROCEEDINGS
 
Sec. 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--
        (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 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
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---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
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---------------------------------
7724..................................  46 U.S.C. 792 (less applicability    Ju
ly 3, 1944, ch. 399, Sec.  2
                                         to duration of stay).                (
less applicability to duration of
                                                                              s
tay), 58 Stat. 724.
                                        46 U.S.C. 796.                       Ju
ly 3, 1944, ch. 399, Sec.  6, 58
                                                                              S
tat. 726.
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---------------------------------

    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.
