Title 10 — Armed ForcesRelease 119-73not60
§8894 Stay of Proceedings for Taking Evidence Before Suit Is Filed
Title 10 › Subtitle Subtitle C— Navy and Marine Corps › Part IV— GENERAL ADMINISTRATION › Chapter 885— STAY OF JUDICIAL PROCEEDINGS › § 8894
Summary
During wartime, if the Secretary of the Navy tells a court that someone is asking to take depositions or other evidence before filing a lawsuit, any court stay (or its extension) while that evidence is being gathered does not count toward the time a person has to file that kind of suit.
Full Legal Text
Title 10, §8894
Armed Forces — Source: USLM XML via OLRC
(a)If in time of war, with respect to any claim against the United States on which a suit described in section 8891 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;
(b)The time during which a claimant may file suit of the type described in section 8891 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.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
Revised sectionSource (U.S. Code)Source (Statutes at Large) 772446 U.S.C. 792 (less applicability to duration of stay).
July 3, 1944, ch. 399, § 2 (less applicability to duration of stay), 58 Stat. 724. 46 U.S.C. 796.
July 3, 1944, ch. 399, § 6, 58 Stat. 726. 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.
Editorial Notes
Amendments
2018—Pub. L. 115–232 renumbered section 7724 of this title as this section and substituted “section 8891” for “section 7721” in introductory provisions of subsec. (a) and in subsec. (b).
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. § 8894
Title 10 — Armed Forces
Last Updated
Apr 3, 2026
Release point: 119-73not60