2019 Delaware Code
Title 6 - Commerce and Trade
Chapter 25D. Delaware Servicemembers Civil Relief Act
§ 2502D Definitions.
For purposes of this chapter:
(1) “Court” means any court or administrative agency of the State, or a subdivision thereof, whether or not a court or administrative agency of record.
(2) “Judgment” means any judgment, decree, order, or ruling, final or temporary.
(3) “Military service” means:
a. In the case of a servicemember who is a member of the Army, Navy, Air Force, Marine Corps, or Coast Guard, active duty, as defined in 10 U.S.C. § 101(d)(1);
b. In the case of a member of the National Guard, includes service under a call to active service authorized by the President or the Secretary of Defense for a period of more than 30 consecutive days under 32 U.S.C. § 502(f) for purposes of responding to a national emergency declared by the President and supported by federal funds;
c. In the case of a servicemember who is a commissioned officer of the Public Health Service or the National Oceanic and Atmospheric Administration, active service;
d. In the case of a servicemember who is a member of the Delaware National Guard, called out to serve in a state duty status pursuant to § 171 of Title 20, for a period of more than 30 consecutive days; or
e. Any period during which a servicemember is absent from duty on account of sickness, wounds, leave, or other lawful cause.
(4) “Period of military service” means the period beginning on the date on which a servicemember enters military service and ending on the date on which the servicemember is released from military service or dies while in military service.
(5) a. “Servicemember” means a resident of the State or a natural person stationed in the State who is a member of the Army, Navy, Air Force, Marine Corps, Coast Guard, the commissioned corps of the National Oceanic and Atmospheric Administration, the commissioned corps of the Public Health Service, or the Delaware National Guard.
b. Whenever the term “servicemember” is used, it shall be treated as including a reference to a legal representative of a servicemember, which shall include an attorney acting on behalf of the servicemember or an individual possessing power of attorney.
79 Del. Laws, c. 359, § 1.
