(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;
(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.
Structure US Code
Subtitle C— Navy and Marine Corps
PART IV— GENERAL ADMINISTRATION
CHAPTER 885— STAY OF JUDICIAL PROCEEDINGS
§ 8893. Stay of proceedings for preserving evidence after stay of suit
§ 8894. Stay of proceedings for taking evidence before suit is filed
§ 8895. Stay extended or shortened
§ 8896. Reconsideration of stay
§ 8898. Restricted certificate