E. Jurisdictional Applications

• Library: Military Issues in Family Law 2017

E. Jurisdictional Applications

1. Subject Matter Jurisdiction

The SCRA “applies to any judicial or administrative proceeding commenced in any court or agency in any jurisdiction,” 50 U.S.C. § 3912(b), in the United States and all territory subject to the jurisdiction of the United States. This includes federal courts, state courts (including political subdivisions of them), and administrative proceedings, which includes child support administrative hearings and proceedings. 50 U.S.C. § 3912(a)–(b). When any application or assertion of rights under the SCRA is required to be made and no proceeding is pending or has been commenced, a motion, petition, or complaint may be filed in “any court which would otherwise have jurisdiction over the matter.” 50 U.S.C. § 3912(c).

The SCRA does not apply to criminal proceedings. 50 U.S.C. § 3912(b). But 50 U.S.C. § 3913(c) touches on one aspect of criminal procedure.

A court may not enforce a bail bond during the period of military service of the principal on the...