(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.

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Terms Used In 46 USC 30907

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • vessel: includes every description of watercraft or other artificial contrivance used, or capable of being used, as a means of transportation on water. See 1 USC 3

(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.

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