2015 US Code
Title 50 - War and National Defense (Sections 1 - 4705)
Chapter 50 - Servicemembers Civil Relief (Sections 3901 - 4043)
Subchapter II - General Relief (Sections 3931 - 3938)
Sec. 3932 - Stay of proceedings when servicemember has notice
Publication Title | United States Code, 2012 Edition, Supplement 3, Title 50 - WAR AND NATIONAL DEFENSE |
Category | Bills and Statutes |
Collection | United States Code |
SuDoc Class Number | Y 1.2/5: |
Contained Within | Title 50 - WAR AND NATIONAL DEFENSE CHAPTER 50 - SERVICEMEMBERS CIVIL RELIEF SUBCHAPTER II - GENERAL RELIEF Sec. 3932 - Stay of proceedings when servicemember has notice |
Contains | section 3932 |
Date | 2015 |
Laws In Effect As Of Date | January 3, 2016 |
Positive Law | No |
Disposition | standard |
Source Credit | Oct. 17, 1940, ch. 888, title II, §202, as added Pub. L. 108-189, §1, Dec. 19, 2003, 117 Stat. 2842; amended Pub. L. 108-454, title VII, §703, Dec. 10, 2004, 118 Stat. 3624; Pub. L. 110-181, div. A, title V, §584(b), Jan. 28, 2008, 122 Stat. 128. |
Statutes at Large References | 54 Stat. 1181 105 Stat. 37 117 Stat. 2842 118 Stat. 3624 122 Stat. 128 |
Public and Private Laws | Public Law 102-12, Public Law 108-189, Public Law 108-454, Public Law 110-181 |
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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 stayAt 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 stayAn 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 defensesAn 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) ApplicationA 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 refusedIf 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 3931A servicemember who applies for a stay under this section and is unsuccessful may not seek the protections afforded by section 3931 of this title.
(f) Inapplicability to section 3951The protections of this section do not apply to section 3951 of this title.
(Oct. 17, 1940, ch. 888, title II, §202, as added Pub. L. 108–189, §1, Dec. 19, 2003, 117 Stat. 2842; amended Pub. L. 108–454, title VII, §703, Dec. 10, 2004, 118 Stat. 3624; Pub. L. 110–181, div. A, title V, §584(b), Jan. 28, 2008, 122 Stat. 128.)
CODIFICATIONSection was formerly classified to section 522 of the former Appendix to this title prior to editorial reclassification and renumbering as this section.
PRIOR PROVISIONSA prior section 202 of act Oct. 17, 1940, ch. 888, art. II, 54 Stat. 1181, related to fines and penalties on contracts, prior to the general amendment of this Act by Pub. L. 108–189. See section 3933 of this title.
AMENDMENTS2008—Subsec. (a). Pub. L. 110–181 inserted ", including any child custody proceeding," after "civil action or proceeding" in introductory provisions.
2004—Subsec. (a). Pub. L. 108–454 inserted "plaintiff or" before "defendant" in introductory provisions.
STAY OF JUDICIAL PROCEEDINGSPub. L. 102–12, §6, Mar. 18, 1991, 105 Stat. 37, provided that:
"(a) Stay of Action or Proceeding.—In any judicial action or proceeding (other than a criminal proceeding) in which a member of the Armed Forces described in subsection (b) is involved (either as plaintiff or defendant), the court shall, upon application by such member (or some other person on the member's behalf) at any stage before final judgment is entered, stay the action or proceeding until a date after June 30, 1991.
"(b) Members Covered.—A member of the Armed Forces is covered by subsection (a) if at the time of application for the stay of a judicial action or proceeding the member—
"(1) is on active duty; and
"(2) is serving outside the State in which the court having jurisdiction over the action or proceeding is located.
"(c) Definition.—For purposes of this section, the term 'State' includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and Guam."
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