10 USC § 8892 - Stay of suit

---
identifier: "/us/usc/t10/s8892"
source: "usc"
legal_status: "official_legal_evidence"
title: "10 USC § 8892 - Stay of suit"
title_number: 10
title_name: "ARMED FORCES"
section_number: "8892"
section_name: "Stay of suit"
chapter_number: 885
chapter_name: "STAY OF JUDICIAL PROCEEDINGS"
part_number: "IV"
part_name: "GENERAL ADMINISTRATION"
positive_law: true
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Aug. 10, 1956, ch. 1041, 70A Stat. 484, § 7722; renumbered § 8892 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(10), 809(a), Aug. 13, 2018, 132 Stat. 1837, 1840.)"
---


# § 8892. Stay of suit

**(a)** Whenever in time of war the Secretary of the Navy certifies to a court, or to a judge of a court, in which a suit described in section 8891 of this title is pending, that the prosecution of the suit would tend to endanger the security of naval operations in the war, or would tend to interfere with those operations, all further proceedings in the suit shall be stayed.

**(b)** A stay under this section does not suspend the issue of process to take or preserve evidence to be used in the trial or prevent the completion of action under similar process issued before the stay.

---

**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 484, § 7722; renumbered § 8892 and amended Pub. L. 115–232, div. A, title VIII, §§ 807(d)(10), 809(a), Aug. 13, 2018, 132 Stat. 1837, 1840.)

| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 7722(a) | 46 U.S.C. 791 (1st sentence, less applicability to duration of stay). | July 3, 1944, ch. 399, § 1 (1st sentence, less applicability to duration of stay), 58 Stat. 723. |
| 7722(b) | 46 U.S.C. 791 (less 1st and 2d sentences and less proviso). | July 3, 1944, ch. 399, § 1 (less 1st and 2d sentences and less proviso), 58 Stat. 723. |

In subsection (a) the word “forthwith” is omitted as surplusage.

In subsection (b) the words “of proceedings in pending suits as provided” are omitted as surplusage. The words “does not suspend” are substituted for the words “shall not operate to suspend”. The words “of the issues” and “the authority of” are omitted as surplusage. The words “issued before the stay” are substituted for the words “already issued at the time of such stay of suit”.

## Editorial Notes

### Amendments

2018—, renumbered  as this section.

Subsec. (a). , substituted “section 8891” for “section 7721”.

## Statutory Notes and Related Subsidiaries

### Effective Date of 2018 Amendment

Amendment by  effective , with provision for the coordination of amendments and special rule for certain redesignations, see , set out as a note preceding .