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The SCRA provides for an automatic stay (meaning delay) of at least 90 days upon a proper request from the member in civil administrative and civil matters. The member who is unable to appear in court on the date required because of active military service must request this SCRA protection in writing and include certain information with the request. After receiving the written request, the judge, magistrate or hearing officer must grant a minimum 90 day delay. Unlike the SSCRA, under the SCRA, this delay is mandatory, and the member’s letter requesting postponement is not an appearance or waiver of any defense by the member. Any additional delay beyond the mandatory 90day period is within the discretion of the judge, magistrate or hearing officer. You should know that this protection does not apply to criminal court or criminal administrative proceedings.
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