2019 Delaware Code
Title 6 - Commerce and Trade
Chapter 25D. Delaware Servicemembers Civil Relief Act
§ 2504D 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. — At any stage before final judgment in a civil action or proceeding in which a servicemember described in subsection (a) of this section 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 (b)(2) of this section are met.
(2) Conditions for stay. — An application for a stay under paragraph (b)(1) of this section 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) of this section 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) of this section or when it appears that the servicemember is unavailable to prosecute or defend the action. The same information required under paragraph (b)(2) of this section 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 (d)(1) of this section, the court shall appoint counsel to represent the servicemember in the action or proceeding.
(e) Coordination with § 2503D of this title. — A servicemember who applies for a stay under this section and is unsuccessful may not seek the protections afforded by § 2503D of this title.
79 Del. Laws, c. 359, § 1.
