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(a)
APPLICABILITY OF SECTION- This section applies to any civil action or
proceeding in which the 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- At any stage before final judgment in a civil
action or proceeding in which a servicemember described in subsection
(a) is a party, the court may on its own motion and shall, upon application
by the servicemember, stay the action for a period of not less than 90
days, if the conditions in paragraph (2) are met.
(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- An application for a stay
under this section does not constitute an appearance for jurisdictional
purposes and does not constitute a waiver of any substantive or procedural
defense (including a defense relating to lack of personal jurisdiction).
(d) ADDITIONAL STAY-
(1) APPLICATION- A servicemember who is granted a stay of a civil action
or proceeding under subsection (b) may apply for an additional stay based
on continuing material affect of military duty on the servicemember's
ability to appear. Such an application may be made by the servicemember
at the time of the initial application under subsection (b) or when it
appears that the servicemember is unavailable to prosecute or defend
the action. The same information required under subsection (b)(2) shall
be included in an application under this subsection.
(2) APPOINTMENT OF COUNSEL WHEN ADDITIONAL STAY REFUSED- If the court
refuses to grant an additional stay of proceedings under paragraph (1),
the court shall appoint counsel to represent the servicemember in the
action or proceeding.
(e) COORDINATION WITH SECTION 201- A servicemember who applies for
a stay under this section and is unsuccessful may not seek the protections
afforded by section 201.
(f) INAPPLICABILITY TO SECTION 301- The protections of this section
do not apply to section 301.
Next page > Section
203 - Fines
and penalties under contracts
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