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