10 U.S.C. § 8900

Evidence admissible when witness is not available

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Whenever the court is satisfied by appropriate evidence or by agreement of counsel that the United States or the claimant is unable after reasonable efforts to secure the testimony of a witness and—(1) the United States or the claimant has been prevented by a stay under this chapter from examining the witness; or(2) the United States establishes that it has refrained from bringing a suit or from taking the testimony of the witness in a pending suit to avoid endangering the security of naval operations or interfering with such operations;the court shall receive in evidence in place of the testimony of the witness—(1) the affidavit of the witness duly sworn to before a notary public or other authorized officer; or(2) the statement or testimony of the witness before a court-martial, a court of inquiry, or an investigation; but the use of such statement or testimony does not, in any litigation, make the remainder of the record admissible or compel the United States to produce the remainder of the record.The court shall give such weight to the affidavit, statement, or testimony as it considers proper under the circumstances.(Aug. 10, 1956, ch. 1041, 70A Stat. 485, § 7730; renumbered § 8900, Pub. L. 115–232, div. A, title VIII, § 807(d)(10), Aug. 13, 2018, 132 Stat. 1837.)

Historical and Revision Notes
Revised section	Source (U.S. Code)	Source (Statutes at Large)
7730	46 U.S.C. 795.	July 3, 1944, ch. 399, § 5, 58 Stat. 725.

The words “naval”, “board of investigation”, and “Coast Guard investigation” are omitted as surplusage.

Editorial NotesAmendments

2018—Pub. L. 115–232 renumbered section 7730 of this title as this section.

Statutory Notes and Related SubsidiariesEffective Date of 2018 Amendment

Amendment 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.

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Sydney Ann Chaney Thomas (Tax Ct. 2024).

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Sydney Ann Chaney Thomas (Tax Ct. 2024). “Another example is 10 U.S.C. § 8900 (previously 10 U.S.C. § 7730 ), which provides that, in judicial proceedings related to certain suits against the United States, affidavits may sometimes be accepted as evidence in lieu of testimony.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.