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Code · U.S. Code · Title 10 - ARMED FORCES · CHAPTER 885— STAY OF JUDICIAL PROCEEDINGS · § 8896

§ 8896. Reconsideration of stay

385 words·~2 min read·/usc/title-10/section-8896

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)A claimant or party who considers himself adversely affected by a stay under this chapter may serve a written notice on the Secretary of the Navy at Washington, D.C., requesting him to reconsider the stay previously issued and to issue a new certificate. The notice shall identify the stay by means of an attached copy of the certificate of the Secretary or a sufficient description of the stay. The notice may not contain any recital of the facts or circumstances involved.
(b)Within ten days after receiving notice under this section, the Secretary or his designee shall hold a secret meeting at which the claimant or party, or his representative, may present any facts and arguments he thinks material.
(c)Within ten days after a hearing under this section, the Secretary shall file with the court that ordered the stay a new certificate stating whether the stay is then to be terminated or for what period the stay is to continue in effect. If the Secretary fails to file a new certificate, the court, upon application by the claimant or party, shall issue an order directing the Secretary to file a new certificate within a specified time.
(Aug. 10, 1956, ch. 1041, 70A Stat. 485, § 7726; renumbered § 8896, Pub. L. 115–232, div. A, title VIII, § 807(d)(10), Aug. 13, 2018, 132 Stat. 1837.)
In subsection
(a)the words “then in effect”, “upon which the stay is based”, and “for its identification” are omitted as surplusage.
In subsection
(b)the words “with respect to whether or not a stay should be issued or maintained” are omitted as surplusage. The words “his designee” are substituted for the words “some official designated by him” for brevity.
In subsection
(c)the words “that ordered the stay” are substituted for the words “in which said stay is pending or the court in which the proceeding stayed was instituted” for brevity and clarity.
Connections1 cite this · traces to 3
Cited by 1 section
3 references not yet in our index
  • Aug. 10, 1956, ch. 1041
  • 70A Stat. 485
  • 132 Stat. 1837
Citation graph
cites case law
§ 8896
Reconsideration of stay
U.S.C.×1
Pub. L.Public Law 115-232
U.S.C.§ 7726
U.S.C.§ 3001
ActAug. 10, 1956, ch. 1041
Stat.70A Stat. 485
Stat.132 Stat. 1837
Cites 6Cited by 1 across 1 source
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