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Stay of Proceedings Where Servicemember Has Notice     (Page 171)

Outside the default context, and at any time before final judgement in a civil action, a person covered by the SCRA who has received notice of a proceeding may ask the court to stay the proceeding. 50 U.S.C. app. ß 522. The court may also order a stay on its own motion. Id. The court will grant the servicememberís stay application and will stay the proceeding for at least 90 days if the application includes: (1) a letter or other communication setting forth facts demonstrating that the individualís current military duty requirements materially affect the servicememberís ability to appear along with a date when the servicemember will be able to appear; and (2) a letter or other communication from the servicememberís commanding officer stating that the servicememberís current military duty prevents his or her appearance and that military leave is not authorized for the servicemember at the time of the letter. The court has discretion to grant additional stays upon further application.

 

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