U.S Code last checked for updates: Nov 22, 2024
All TitlesTitle 50Chapter 50Subchapter II
§ 3932.
Stay of proceedings when servicemember has notice
(a)
Applicability of section
This section applies to any civil action or proceeding, including any child custody proceeding, in which the plaintiff or defendant at the time of filing an application under this section—
(1)
is in military service or is within 90 days after termination of or release from military service; and
(2)
has received notice of the action or proceeding.
(b)
Stay of proceedings
(1)
Authority for stay
(2)
Conditions for stay
An application for a stay under paragraph (1) shall include the following:
(A)
A letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the servicemember’s ability to appear and stating a date when the servicemember will be available to appear.
(B)
A letter or other communication from the servicemember’s commanding officer stating that the servicemember’s current military duty prevents appearance and that military leave is not authorized for the servicemember at the time of the letter.
(c)
Application not a waiver of defenses
(d)
Additional stay
(1)
Application
(2)
Appointment of counsel when additional stay refused
(e)
Coordination with section 3931
(f)
Inapplicability to section 3951
(Oct. 17, 1940, ch. 888, title II, § 202, as added Pub. L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2842; amended Pub. L. 108–454, title VII, § 703, Dec. 10, 2004, 118 Stat. 3624; Pub. L. 110–181, div. A, title V, § 584(b), Jan. 28, 2008, 122 Stat. 128.)
cite as: 50 USC 3932
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