LD 859
pg. 3
Page 2 of 4 PUBLIC Law Chapter 353 Page 4 of 4
Download Chapter Text
LR 622
Item 1

 
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 plaintiff, defendant or attorney 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, except that an action
or proceeding involving a child may not be stayed unless the stay
is in the best interest of the child.

 
4.__Appearance.__An application for a stay of a court or
administrative proceeding pursuant to the__Servicemembers' Civil
Relief Act of 2003, 50 United States Code App. Sections 501 to
596, 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 parent-child contact rights.__Upon motion of a
service member, or upon the court's own motion, in a case


Page 2 of 4 Top of Page Page 4 of 4
Related Pages
  Search Bill Text Legislative Information
Bill Directory Search
Bill
Status
Session Information
119th Legislature Bills Maine Legislature

Office of Legislative Information
100 State House Station
Augusta, ME 04333
voice: (207) 287-1692
fax: (207) 287-1580
tty: (207) 287-6826
Word Viewer for Windows Disclaimer