46 U.S.C. § 30907

Procedure for hearing and determination

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(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.(Pub. L. 109–304, § 6(c), Oct. 6, 2006, 120 Stat. 1518.)

Historical and Revision Notes
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).

Historical and Revision Notes

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.

Notes of Decisions

Cited in 2 cases, 2013–2016 · leading case: In re the Complaint of Ingram Barge Co., 194 F. Supp. 3d 766 (N.D. Ill. 2016).

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In re the Complaint of Ingram Barge Co., 194 F. Supp. 3d 766 (N.D. Ill. 2016). “” 46 U.S.C. § 30907 (a). The Court does not, however, read this provision as requiring the Court to ignore the unique character of suits against the United States.”

Shaver Transp. Co. v. United States, 948 F. Supp. 2d 1193 (D. Or. 2013). · cites it 2× “The Eleventh Circuit in Stevens held that a subcontractor could bring an in person-am action against the United States based on in rem principles, as provided for in 46 U.S.C. § 30907 (b)(1)(B). Section 30907, a provision of the SAA, is incorporated by the PVA.”

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