Title 46 — ShippingRelease 119-73not60
§30907 Procedure for Hearing and Determination
Title 46 › Subtitle Subtitle III— Maritime Liability › Chapter 309— SUITS IN ADMIRALTY AGAINST THE UNITED STATES › § 30907
Summary
Actions under this law follow same rules as private lawsuits; plaintiffs may ask in the complaint for an in-rem action (against the vessel or cargo) if allowed, and still seek personal claims.
Full Legal Text
Title 46, §30907
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(a)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)(1)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)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
Apr 5, 2026
Release point: 119-73not60