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Servicemembers’ Civil Relief Act      (Page 175)

1. The requirement for an affidavit may be satisfied by a statement, declaration, verification, or certificate in writing subscribed and certified or declared to be true under penalty of perjury. 50 U.S.C. app. § 521(4).

2. The advisory committee note to Fed. R. Civ. P. 55 comments on the applicability of the Servicemembers’ Civil Relief Act (formally known as the Soldiers’ and Sailors’ Civil Relief Act of 1940) to default judgements as follows:

The operation of Rule 55(b) (Judgment) is directly affected by the Soldiers’ and Sailors’ Civil Relief Act of 1940, 50 U.S.C. Appendix, § 501 et seq. Section 200 of the Act [50 U.S.C. Appendix, § 520] imposes specific requirements which must be fulfilled before a default judgment can be entered, e.g., Ledwith v. Storkan, D.Neb.1942, 6 Fed. Rules Serv. 60b.24, Case 2, 2 F.R.D. 539, and also provides for the vacation of a judgment in certain circumstances. See discussion in Commentary, Effect of Conscription Legislation on the Federal Rules, 1940, 3 Fed. Rules Serv. 725; 3 Moore’s Federal Practice, 1938, Cum. Supplement § 55.02.

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