Title 46, ShippingRelease 119-110

§30907 Procedure for Hearing and Determination

Title 46 › Subtitle III — Maritime Liability › CHAPTER 309 — SUITS IN ADMIRALTY AGAINST THE UNITED STATES › § 30907

Last updated Sep 22, 2026|Official source

Summary

Civil cases under this law are handled like regular private lawsuits. Courts use the same rules and legal ideas they would use in similar disputes between people or companies. A plaintiff can choose to treat the case as an action against the ship or cargo itself (in rem). To do that, the plaintiff must say so in the complaint, and the court must find that the same action could have been brought if the vessel or cargo had been privately owned and held. Picking an in rem action does not stop the plaintiff from also asking for relief against a person (in personam) in the same case.

Full Legal Text

Title 46, §30907

Shipping, Source: USLM XML via OLRC

(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.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 30907(a)46 App.:743 (1st, 4th sentences).Mar. 9, 1920, ch. 95, § 3 (1st, 4th–6th sentences), 41 Stat. 526. 30907(b)46 App.:743 (5th, 6th sentences). 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.

Reference

Citations & Metadata

Citation

46 U.S.C. § 30907

Title 46, Shipping

Last Updated

Sep 22, 2026

Release point: 119-110