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Has SM entered an appearance? *

Servicemembers Civil Relief Act (SCRA) – Appointment of Attorney, Stay of Proceedings (50 USC App. §§521-522). Has SM entered an appearance? *. Y e s. Does SM have notice of the proceedings?. No. [No provision in SCRA for this situation.]. NO. YES.

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Has SM entered an appearance? *

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  1. Servicemembers Civil Relief Act (SCRA) – Appointment of Attorney, Stay of Proceedings (50 USC App. §§521-522) Has SM entered an appearance?* Y e s Does SM have notice of the proceedings? No [No provision in SCRA for this situation.] NO YES 50 U.S.C 521 applies re appointment of attorney for the SM. 50 U.S.C. App. 522 applies; SM may request stay of proceedings under terms below. Stay of proceedings not required. Is there a defense which SM may have? NO Is this initial stay request? NO YES YES Appointment of attorney not required NO Has SM shown that military duties have a material effect on his/ her ability to appear? Can a defense be presented even though SM is absent from courtroom? Yes Is there a communication showing how SM’s duties prevent his appearance? NO NO YES Stay of proceedings not required. YES Does communication state when SM will be available? Appointment of attorney for SM is required. NO YES Court should grant a stay of proceedings for as long as “material effect” lasts. Is there a communication from SM’s commanding officer (CO) stating that SM’s duties prevent court appearance? YES Court must grant stay of proceedings for at least 90 days. Is there a CO communication stating that SM cannot be given leave? Y e s * “Appearance” means, in most states, any pleading, motion or action by a party which recognizes the power of the court to hear the case.

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