Title 10 — Armed ForcesRelease 119-73not60
§8893 Stay of Proceedings for Preserving Evidence After Stay of Suit
Title 10 › Subtitle Subtitle C— Navy and Marine Corps › Part IV— GENERAL ADMINISTRATION › Chapter 885— STAY OF JUDICIAL PROCEEDINGS › § 8893
Summary
All steps to get or keep evidence for a trial must stop if the Secretary of the Navy files a certificate saying that issuing or finishing any order to preserve evidence would threaten U.S. security or hurt naval or military operations in wartime or interfere with them. The Secretary can file that certificate when the pause was first ordered or at any time before the pause ends.
Full Legal Text
Title 10, §8893
Armed Forces — Source: USLM XML via OLRC
If, at the time of certification under section 8892 of this title, or at any time before the termination of the stay based on the certificate, the Secretary of the Navy files with the court an additional certificate to the effect that the issue of any process to preserve evidence or the completion of action on process previously issued would tend to endanger the security of the United States or of any of its naval or military operations in the war, or would tend to interfere with those operations, then all proceedings for the taking or preserving of evidence to be used by either party in the trial shall be stayed.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 772346 U.S.C. 791 (proviso, less applicability to duration of stay).July 3, 1944, ch. 399, § 1 (proviso, less applicability to duration of stay), 58 Stat. 723. The word “stayed” is substituted for the word “suspended” for uniformity and clarity.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 7723 of this title as this section and substituted “section 8892” for “section 7722”.
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. § 8893
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60