You and your family have certain legal protections when you are called into active duty military service. These laws apply to members of the Armed Forces, Reserves, National Guard and other uniformed services.
A law providing many of these protections is called the Servicemembers Civil Relief Act (SCRA). This law helps protect members of the military and their families from financial and legal harm because of military service.
For example, if you are sued while on active duty, you can get a 90 day stay of the lawsuit. But you have to request this delay. To request either the original 90-day delay or an additional delay, you will need a "motion" and some supporting documents.
Do I qualify for this benefit?
Most members of the uniformed services on active duty are covered by this law.
What do I need?
This is an easy-to-use interactive form that will create a Motion to Stay Proceedings, two sample letters and instructions. This is a sample motion for Stay of Proceedings will probably need to be modified before use in the state court where the lawsuit was filed.
This packet also includes two sample letters that you may need in filing your Motion to Stay:
- A letter explaining that your current military service prevents you from going to court and when you may be able to go to court (anticipated date).
- Sample language for a letter from your Commanding Officer.
Remember that the form provided in the packet at the link below is not based upon any specific state law or jurisdiction. The form may need to be modified before use in any specific jurisdiction.
- Go to Interactive Form Packet:
Motion to Stay of Proceedings
- Go to Sample Form Packet:
Motion to Stay of Proceedings (PDF version of this resource)
IMPORTANT NOTICE: You must have Microsoft Word or Word Viewer installed on your computer to use the interactive form packet. You can download Word Viewer for free here.
You must have Adobe Reader to view the sample form packet. You can download Adobe Reader for free here.
Resource Date: November 2015