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Instructions: Military affidavit court form

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Military Affidavit form

  • The court can’t enter a default judgment against a defendant for not appearing until the plaintiff gives the court an affidavit that shows the defendant isn’t in military service.
  • The court won’t enter a judgment against a defendant who is in the military until the defendant has been given a lawyer to represent them and to protect their interests. If the defendant isn’t given a lawyer, the judgment is voidable.
  • Fill out a separate Military Affidavit for each person currently in the United States military service or any of its allies who hasn’t agreed in writing or filed an appearance in any civil action or proceeding.
  • Fill out a separate Military Affidavit for each person who hasn’t agreed in writing or filed an appearance in any civil matter or proceeding and if it hasn’t been determined whether they are in the military service.

If the defendant has appointed a lawyer to represent themselves in the case, this section doesn’t apply.

Additional information

This Military Affidavit form may be used in all case types where it is applicable.

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