Sec. 1602. Clarification of affidavit requirement
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/bill/114/s/2814/is/section-1602·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Paragraph
(1)of section 201(b) of the SCRA ( 50 U.S.C. 3931(b) ) is amended to read as follows: In any action or proceeding covered by this section, the plaintiff, before seeking a default judgment, shall file with the court an affidavit— stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service. Before filing an affidavit under subparagraph (A), the plaintiff shall conduct a diligent and reasonable investigation to determine whether or not the defendant is in military service, including a search of available Department of Defense records and any other information available to the plaintiff. The affidavit shall set forth all steps taken to determine the defendant’s military status and shall have attached the records on which the plaintiff relied in preparing the affidavit. Attached records shall include at least a copy of the certificate produced by the Department of Defense Manpower Data Center. .
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Sec. 1602
Clarification of affidavit requirement
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