A.__An operational mission for which members of the reserve components have been ordered to active duty without their consent; or

B.__Forces activated during a period of war declared by Congress or a period of national emergency declared by the President or Congress.

Sec. 5. 37-B MRSA §389, as repealed and replaced by PL 2003, c. 404, §6, is repealed.

Sec. 6. 37-B MRSA §389-A is enacted to read:

§389-A. Service members' civil relief

1.__Short title.__This section may be known and cited as "the Service Members' Civil Relief Act."

2.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Court" means any administrative agency, civil court or venue of a proceeding involving a case management officer.

B.__"Service member" means a member of the uniformed services as that term is defined in 10 United States Code, Section 101(a)(5) or a member of the state military forces as that term is described in section 102, on active state service as that term is defined in section 101-A.

3.__Stay of proceeding.__Any action or proceeding in any court in which a service member is involved, either as plaintiff, defendant or attorney, if the member is a member of the National Guard or the Reserves of the United States Armed Forces, during the period of any military service or within 60 days after any military service, at the discretion of the court, or by the member's own motion or motion of the court, may be stayed at any stage of the proceeding unless, in the opinion of the court, the ability of the plaintiff to prosecute the action, the defendant to conduct the defendant's defense or the attorney to represent either party is not materially affected by reason of the member's military service.

4.__Appearance.__An application for a stay of a court or administrative proceeding pursuant to the Soldiers' and Sailors'