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A.__"Court" means any administrative agency, civil court or | | venue of a proceeding involving a case management officer. |
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| | | 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. |
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| | | 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. |
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| | | 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. |
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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 parent-child contact rights.__Upon motion of a | | service member, or upon the court's own motion, in a case |
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