FEDERAL · 46 U.S.C. · Chapter 309
Procedure for hearing and determination
Current through Pub. L. 119-102
(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.
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Related
In re the Complaint of Ingram Barge Co.
194 F. Supp. 3d 766 (N.D. Illinois, 2016)
Shaver Transportation Co. v. United States
948 F. Supp. 2d 1193 (D. Oregon, 2013)
Source Credit
History
(Pub. L. 109–304, §6(c), Oct. 6, 2006, 120 Stat. 1518.)
Editorial Notes
In subsection (a), the text of 46 App. U.S.C. 743 (4th sentence) is omitted as unnecessary.
In subsection (b)(1)(A), the words "plaintiff" and "complaint" are substituted for "libelant" and "libel", respectively, for consistency with the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (b)(2), the words "in any proper case" are omitted as unnecessary.
In subsection (b)(1)(A), the words "plaintiff" and "complaint" are substituted for "libelant" and "libel", respectively, for consistency with the Federal Rules of Civil Procedure (28 App. U.S.C.).
In subsection (b)(2), the words "in any proper case" are omitted as unnecessary.