LD 859
pg. 3
Page 2 of 3 An Act To Provide Greater Civil Relief Protection for Members of the Military ... LD 859 Title Page
Download Bill Text
LR 622
Item 1

 
Civil Relief Act of 1940, 50 United States Code, as amended, or
this section does not constitute an appearance for any purpose.

 
5.__Electronic means; testimony and evidence.__Upon motion of
a service member who is a party in a civil case, the court shall
allow the service member to present testimony and evidence by
electronic means when the military duties of the service member
have a material effect on the service member's ability to appear
in person at a regularly scheduled hearing, unless good cause is
shown.__For purposes of this subsection, "electronic means"
includes, but is not limited to, telephone, video teleconference
and the Internet.

 
6.__Expedited hearing.__Upon motion of a service member who is
a party in a civil case, the court shall hold an expedited
hearing when the military duties of the service member have a
material effect on the service member's ability to appear in
person at a regularly scheduled hearing, unless good cause is
shown.

 
7.__Transfer of custody and visitation.__Upon motion of a
service member, or upon the court's own motion, in a case
involving custody or visitation, the court shall allow the
visitation rights of the service member to be exercised by a
relative of the service member who has a significant connection
with the child or children when the military duties of the
service member have a material effect on the ability of the
service member to exercise those rights, unless good cause is
shown.

 
SUMMARY

 
The bill provides that courts may not consider a military
member's departure from the family residence or absence from the
child or children as an adverse factor in determining parental
rights and responsibilities if the military member's absence is
due to military mobilization.

 
The bill strengthens existing state civil relief protections
for mobilized military members by allowing them to testify
electronically, by requiring that their cases be held
expeditiously and by allowing a service member to transfer the
custody and visitation rights of the member's child to one of the
member's relatives if the military member is mobilized.

 
The bill grants state recognition to wills, health care
directives and powers of attorney federal laws pertaining to the
military irrespective of specific state requirements.


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