When you are called into active duty military service, you and your family have legal protections under the Servicemembers Civil Relief Act (SCRA). This law is designed to protect military members and their families from financial and legal issues that may arise due to military service.
One of the benefits of the SCRA is the ability to request a 90-day delay in a lawsuit if you are sued while on active duty. To request this delay or an additional delay, you need to submit a "motion" along with supporting documents.
This interactive form helps you create a letter to be used with your Motion for Stay of Proceedings. The letter should provide an explanation from your commanding officer, stating that due to your military service, you are unable to attend court and take military leave.
Last Reviewed: May 26, 2023