Title 10, Armed ForcesRelease 119-102
§8892 Stay of Suit
Title 10 › Subtitle C — Navy and Marine Corps › PART IV — GENERAL ADMINISTRATION › CHAPTER 885 — STAY OF JUDICIAL PROCEEDINGS › § 8892
Summary
In wartime, if the Secretary of the Navy tells a court that going on with a lawsuit covered by the earlier rule would threaten or interfere with naval operations, the court must pause all further action in that case. The pause does not stop issuing orders to gather or protect evidence, or finishing similar evidence steps already started.
Full Legal Text
Title 10, §8892
Armed Forces, Source: USLM XML via OLRC
(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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 7722(a)46 U.S.C. 791 (1st sentence, less applicability to duration of stay).
July 3, 1944, ch. 399, § 1 (1st sentence, less applicability to duration of stay), 58 Stat. 723. 7722(b)46 U.S.C. 791 (less 1st and 2d sentences and less proviso).
July 3, 1944, ch. 399, § 1 (less 1st and 2d sentences and less proviso), 58 Stat. 723. In subsection (a) the word “forthwith” is omitted as surplusage. In subsection (b) the words “of proceedings in pending suits as provided” are omitted as surplusage. The words “does not suspend” are substituted for the words “shall not operate to suspend”. The words “of the issues” and “the authority of” are omitted as surplusage. The words “issued before the stay” are substituted for the words “already issued at the time of such stay of suit”.
Editorial Notes
Amendments
2018—Pub. L. 115–232, § 807(d)(10), renumbered section 7722 of this title as this section. Subsec. (a). Pub. L. 115–232, § 809(a), substituted “section 8891” for “section 7721”.
Statutory Notes and Related Subsidiaries
Effective Date
of 2018 AmendmentAmendment by Pub. L. 115–232 effective Feb. 1, 2019, with provision for the coordination of
Amendments
and special rule for certain redesignations, see section 800 of Pub. L. 115–232, set out as a note preceding section 3001 of this title.
Reference
Citations & Metadata
Citation
10 U.S.C. § 8892
Title 10, Armed Forces
Last Updated
Aug 21, 2026
Release point: 119-102