General Assembly Raised Bill No. 113
February Session, 2012 LCO No. 913
*_____SB00113VA_JUD030912____*
Referred to Committee on Select Committee on Veterans' Affairs
Introduced by:
(VA )
General Assembly
Raised Bill No. 113
February Session, 2012
LCO No. 913
*_____SB00113VA_JUD030912____*
Referred to Committee on Select Committee on Veterans' Affairs
Introduced by:
(VA )
AN ACT CONCERNING SERVICEMEMBERS CIVIL RELIEF ACT PROCEEDINGS.
Be it enacted by the Senate and House of Representatives in General Assembly convened:
Section 1. (NEW) (Effective July 1, 2012) (a) Any member of the armed forces of the state or the United States who is entitled to a stay in a civil action or proceeding in the state pursuant to the Servicemembers Civil Relief Act, 50 USC App. 501, et seq. may, subject to the approval of the court under subsection (b) of this section, elect to proceed with such action or proceeding while such member is reasonably unavailable to appear in the location in which the action or proceeding is brought and may seek relief and provide evidence, through video-conferencing, Internet camera, electronic mail, or another reasonable electronic means. For family court matters, the preferred alternate method of proceeding shall be videoconferencing. Such testimony shall be provided under oath, in a manner viewable by all parties, and in the presence of a court reporter. In an action or proceeding where a party who is physically present in the state is permitted to use affidavits or seek temporary relief, the service member may submit testimony by affidavit.
(b) The court shall permit such member of the armed forces to proceed with such action or proceeding in the manner described in subsection (a) of this section unless, for good cause shown, the opposing party in such action or proceeding establishes that the use of the electronic means of presenting evidence would substantially prejudice such party.
This act shall take effect as follows and shall amend the following sections:
Section 1 July 1, 2012 New section
This act shall take effect as follows and shall amend the following sections:
Section 1
July 1, 2012
New section
VA Joint Favorable C/R JUD
VA
Joint Favorable C/R
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