Browse Arkansas Code titles and sections
50 U.S.C. § 3934 — Stay of proceedings when servicemember has notice
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of section** This section applies to any civil action or proceeding, including any child custody proceeding, in which the plaintiff or defendant at the time of filing an application under this section—
(1) is in military service or is within 90 days after termination of or release from military service; and
(2) has received notice of the action or proceeding.
**(b) Stay of proceedings**
(1) **Authority for stay** — At any stage before final judgment in a civil action or proceeding in which a servicemember described in subsection (a) is a party, the court may on its own motion and shall, upon application by the servicemember, stay the action for a period of not less than 90 days, if the conditions in paragraph (2) are met.
(2) **Conditions for stay** — An application for a stay under paragraph (1) shall include the following:
(A) A letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the servicemember’s ability to appear and stating a date when the servicemember will be available to appear.
(B) A letter or other communication from the servicemember’s commanding officer stating that the servicemember’s current military duty prevents appearance and that military leave is not authorized for the servicemember at the time of the letter.
**(c) Application not a waiver of defenses** An application for a stay under this section does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense (including a defense relating to lack of personal jurisdiction).
**(d) Additional stay**
(1) **Application** — A servicemember who is granted a stay of a civil action or proceeding under subsection (b) may apply
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3934
Stored review status: release_metadata_unconfirmed. A text match is a research starting point; applicability is not established.
Original supplied file — preserved unchanged
Download original Markdown file
File SHA-256: 00bc598ea1021e3f6a4d1b46f8c3fbe58cb334923ce617db35a83f73e8a01cbf. The original may include catalog metadata, neighboring provisions, or embedded records outside this collection's scope. Search shows only the selected federal record. Historical editions and unverified snapshots are not a statement of current law.
Authority boundary: historical or unconfirmed source not current law verified.
Open the recorded source website ↗
Record provenance
Stable record: federal_law:legal_authorities:record_usc_8c65fc3295825189904d8a19
Source file: Laws/federal/codes/united-states-code/title-50/section-3934-stay-of-proceedings-when-servicemember-has-notice--c13d7da565.md
Pages: Not recorded – Not recorded
Passage SHA-256: d1c993b2bde8290652232785a972dbbc55682ab442aa015751100662f82c07de
Source location: Title 50, Chapter 50, § 3934; chapter-050-servicemembers-civil-relief.md
Stored source content
**(a) Applicability of section** This section applies to any civil action or proceeding, including any child custody proceeding, in which the plaintiff or defendant at the time of filing an application under this section—
(1) is in military service or is within 90 days after termination of or release from military service; and
(2) has received notice of the action or proceeding.
**(b) Stay of proceedings**
(1) **Authority for stay** — At any stage before final judgment in a civil action or proceeding in which a servicemember described in subsection (a) is a party, the court may on its own motion and shall, upon application by the servicemember, stay the action for a period of not less than 90 days, if the conditions in paragraph (2) are met.
(2) **Conditions for stay** — An application for a stay under paragraph (1) shall include the following:
(A) A letter or other communication setting forth facts stating the manner in which current military duty requirements materially affect the servicemember’s ability to appear and stating a date when the servicemember will be available to appear.
(B) A letter or other communication from the servicemember’s commanding officer stating that the servicemember’s current military duty prevents appearance and that military leave is not authorized for the servicemember at the time of the letter.
**(c) Application not a waiver of defenses** An application for a stay under this section does not constitute an appearance for jurisdictional purposes and does not constitute a waiver of any substantive or procedural defense (including a defense relating to lack of personal jurisdiction).
**(d) Additional stay**
(1) **Application** — A servicemember who is granted a stay of a civil action or proceeding under subsection (b) may apply for an additional stay based on continuing material affect of military duty on the servicemember’s ability to appear. Such an application may be made by the servicemember at the time of the initial application under subsection (b) or when it appears that the servicemember is unavailable to prosecute or defend the action. The same information required under subsection (b)(2) shall be included in an application under this subsection.
(2) **Appointment of counsel when additional stay refused** — If the court refuses to grant an additional stay of proceedings under paragraph (1), the court shall appoint counsel to represent the servicemember in the action or proceeding.
**(e) Coordination with section 3931** A servicemember who applies for a stay under this section and is unsuccessful may not seek the protections afforded by [section 3931 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3931&num=0&edition=prelim).
**(f) Inapplicability to section 3951** The protections of this section do not apply to [section 3951 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section3951&num=0&edition=prelim).
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
Application by a servicemember for, or receipt by a servicemember of, a stay, postponement, or suspension pursuant to this chapter in the payment of a tax, fine, penalty, insurance premium, or other civil obligation or liability of that servicemember shall not itself (without regard to other considerations) provide the basis for any of the following:
(1) A determination by a lender or other person that the servicemember is unable to pay the civil obligation or liability in accordance with its terms.
(2) With respect to a credit transaction between a creditor and the servicemember—
(A) a denial or revocation of credit by the creditor;
(B) a change by the creditor in the terms of an existing credit arrangement; or
(C) a refusal by the creditor to grant credit to the servicemember in substantially the amount or on substantially the terms requested.
(3) An adverse report relating to the creditworthiness of the servicemember by or to a person engaged in the practice of assembling or evaluating consumer credit information.
(4) A refusal by an insurer to insure the servicemember.
(5) An annotation in a servicemember’s record by a creditor or a person engaged in the practice of assembling or evaluating consumer credit information, identifying the servicemember as a member of the National Guard or a reserve component or as a member of the Space Force.
(6) A change in the terms offered or conditions required for the issuance of insurance.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3931
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Applicability of section** This section applies to any civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance.
**(b) Affidavit requirement**
(1) **Plaintiff to file affidavit** — In any action or proceeding covered by this section, the court, before entering judgment for the plaintiff, shall require the plaintiff to file with the court an affidavit—
(A) stating whether or not the defendant is in military service and showing necessary facts to support the affidavit; or
(B) if the plaintiff is unable to determine whether or not the defendant is in military service, stating that the plaintiff is unable to determine whether or not the defendant is in military service.
(2) **Appointment of attorney to represent defendant in military service** — If in an action covered by this section it appears that the defendant is in military service, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed under this section to represent a servicemember cannot locate the servicemember, actions by the attorney in the case shall not waive any defense of the servicemember or otherwise bind the servicemember.
(3) **Defendant’s military status not ascertained by affidavit** — If based upon the affidavits filed in such an action, the court is unable to determine whether the defendant is in military service, the court, before entering judgment, may require the plaintiff to file a bond in an amount approved by the court. If the defendant is later found to be in military service, the bond shall be available to indemnify the defendant against any loss or damage the defendant may suffer by reason of any judgment for the plaintiff against the defend
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3933
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Any person aggrieved by a violation of this chapter may in a civil action—
(1) obtain any appropriate equitable or declaratory relief with respect to the violation;
(2) recover all other appropriate relief, including monetary damages; and
(3) be a representative party on behalf of members of a class or be a member of a class, in accordance with the Federal Rules of Civil Procedure, notwithstanding any previous agreement to the contrary.
**(b) Costs and attorney fees** The court may award to a person aggrieved by a violation of this chapter who prevails in an action brought under subsection (a) the costs of the action, including a reasonable attorney fee.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3901
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Duration of temporary custody order based on certain deployments** If a court renders a temporary order for custodial responsibility for a child based solely on a deployment or anticipated deployment of a parent who is a servicemember, the court shall require that the temporary order shall expire not later than the period justified by the deployment of the servicemember.
**(b) Limitation on consideration of member’s deployment in determination of child’s best interest** If a motion or a petition is filed seeking a permanent order to modify the custody of the child of a servicemember, no court may consider the absence of the servicemember by reason of deployment, or the possibility of deployment, as the sole factor in determining the best interest of the child.
**(c) No Federal jurisdiction or right of action or removal** Nothing in this section shall create a Federal right of action or otherwise give rise to Federal jurisdiction or create a right of removal.
**(d) Preemption** In any case where State law applicable to a child custody proceeding involving a temporary order as contemplated in this section provides a higher standard of protection to the rights of the parent who is a deploying servicemember than the rights provided under this section with respect to such temporary order, the appropriate court shall apply the higher State standard.
**(e) Deployment defined** In this section, the term “deployment” means the movement or mobilization of a servicemember to a location for a period of longer than 60 days and not longer than 540 days pursuant to temporary or permanent official orders—
(1) that are designated as unaccompanied;
(2) for which dependent travel is not authorized; or
(3) that otherwise do not permit the movement of family members to that loc
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3951
Stored review status: release_metadata_unconfirmed. Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Prohibition of penalties** When an action for compliance with the terms of a contract is stayed pursuant to this chapter, a penalty shall not accrue for failure to comply with the terms of the contract during the period of the stay.
**(b) Reduction or waiver of fines or penalties** If a servicemember fails to perform an obligation arising under a contract and a penalty is incurred arising from that nonperformance, a court may reduce or waive the fine or penalty if—
(1) the servicemember was in military service at the time the fine or penalty was incurred; and
(2) the ability of the servicemember to perform the obligation was materially affected by such military service.
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 3935
Stored review status: release_metadata_unconfirmed. Incoming connection: Explicit cross-reference supplied in source Markdown; currentness and applicability require review.
Federal law — U.S. Code and appendices · legal_authorities
Page 993
TITLE 50—WAR AND NATIONAL DEFENSE
§ 3934
tional purposes and does not constitute a waiver
of any substantive or procedural defense (includ-
ing a defense relating to lack of personal juris-
diction).
(d) Additional stay
(1) Application
A servicemember who is granted a stay of a
civil action or proceeding under subsection (b)
may apply for an additional stay based on con-
tinuing material affect of military duty on the
servicemember’s ability to appear. Such an ap-
plication may be made by the servicemember
at the time of the initial application under
subsection (b) or when it appears that the
servicemember is unavailable to prosecute or
defend the action. The same information re-
quired under subsection (b)(2) shall be included
in an application under this subsection.
(2) Appointment of counsel when additional
stay refused
If the court refuses to grant an additional
stay of proceedings under paragraph (1), the
court shall appoint counsel to represent the
servicemember in the action or proceeding.
(e) Coordination with section 3931
A servicemember who applies for a stay under
this section and is unsuccessful may not seek
the protections afforded by section 3931 of this
title.
(f) Inapplicability to section 3951
The protections of this section do not apply to
section 3951 of this title.
(Oct. 17, 1940, ch. 888, title II, § 202, as added Pub.
L. 108–189, § 1, Dec. 19, 2003, 117 Stat. 2842; amend-
ed Pub. L. 108–454, title VII, § 703, Dec. 10, 2004,
118 Stat. 3624; Pub. L. 110–181, div. A, title V,
§ 584(b), Jan. 28, 2008, 122 Stat. 128.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 522 of the
former Appendix to this title prior to editorial reclassi-
fication and renumbering as this section.
PRIOR PROVISIO
Source: Supplied 2024 U.S. Code historical extraction · 50 U.S.C. § 3934
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.