I. Requests for a Stay of Proceedings

• Library: Military Issues in Family Law 2017

I. Requests for a Stay of Proceedings

Another provision of the SCRA that may be asserted in family law cases is 50 U.S.C. § 3932, which requires a court to stay all proceedings if the litigant’s military service materially affects the litigant’s ability to appear for the legal proceedings. But counsel should take note that the SCRA sets forth four very specific requirements to properly invoke a stay of proceedings. At any stage before final judgment in a civil action or proceeding in which a servicemember is a party, the court may, on its own motion, and shall, upon application by the servicemember, stay the action for a period of at least 90 days if:

1. the servicemember sends a letter or other communication to the court;

2. the letter sets forth facts supporting the premise that the servicemember’s current military duty requirements materially affect the servicemember’s ability to appear;

3. the letter states a date on which the servicemember will be available to appear; and

4. “[a] letter or other communication [is sent] 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.”

50 U.S.C. § 3932(b).

1. A Request for Stay of Proceedings May Be Asserted at Any Stage Before Final Judgment

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