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Title 10, Armed ForcesRelease 119-110

§8894 Stay of Proceedings for Taking Evidence Before Suit Is Filed

Title 10 › Subtitle C — Navy and Marine Corps › PART IV — GENERAL ADMINISTRATION › CHAPTER 885 — STAY OF JUDICIAL PROCEEDINGS › § 8894

Last updated Sep 22, 2026|Official source

Summary

If, during a war, the Secretary of the Navy files a written statement with the court saying that taking sworn testimony or other evidence (including special orders to preserve testimony) would harm national security or interfere with naval or military operations, the court must not start those steps and must pause any such proceedings that already began when the statement is filed. The deadline for bringing the related lawsuit does not count the time while that pause, or any extension of it, is in effect.

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;
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 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

Sep 22, 2026

Release point: 119-110