| Redlegg |
| (Carpal \'Tunnel) |
| 06/29/07 08:08 PM |
Re: what first?
|
The act itself has been updated (2003), it is now called the Service Members Civil Relief Act (SCRA).
A major change provided by the SCRA is that it permits active duty servicemembers, who are unable to appear in a court or administrative proceeding due to their military duties, to postpone the proceeding for a mandatory minimum of ninety days upon the servicemember's request. The request must be in writing and (1) explain why the current military duty materially effects the servicemembers ability to appear, (2) provide a date when the servicemember can appear, and (3) include a letter from the commander stating that the servicemember's duties preclude his or her appearance and that he is not authorized leave at the time of the hearing. This letter or request to the court will not constitute a legal appearance in court. Further delays may be granted at the discretion of the court, and if the court denies additional delays, an attorney must be appointed to represent the servicemember.
Here is the entire law:
http://www.usdoj.gov/crt/military/scratext.htm
The 3 residency options above seem to be for either the military member or the member's spouse and they allow for either to file. They do not seem to give the member the right to make the determination as to where the filing can happen, only to provide an option when neither is a resident of where the member is currently stationed and each state may be a little different.