(1)  If at any point during an action or proceeding it appears that a plaintiff or defendant is a service member and in the conduct of the proceedings may be adversely affected by the service member’s state military service, the court may, on its own motion, stay the proceedings.

Terms Used In Utah Code 39A-6-105

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Service member: means any member of the Utah National Guard or Utah State Defense Force serving on active military service in an organized military unit. See Utah Code 39A-6-101
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State military service: means active, full-time service with a recognized military unit called into service by the governor for at least 30 days. See Utah Code 39A-6-101
  • Writing: includes :Utah Code 68-3-12.5
(2)  The court may stay the proceedings if the service member or another individual on the service member’s behalf makes a request in writing to the court, unless the court determines on the record that the ability of the plaintiff to pursue the action or the defendant to conduct a defense is not materially affected by reason of the service member’s state military service.

Renumbered and Amended by Chapter 373, 2022 General Session

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