§ 1:13-6 Military Lists

Codes > New Jersey Statutes > Part I > Chapter I : Rule 1:13 > 1:13-6 Military

1:13-6. Military Lists

    If it appears by affidavit or other competent proof that a party to an action pending on the trial calendar in any court is in the
military service of the United States, and if in the opinion of the court the party's ability to prosecute the action or conduct a defense is materially affected by reason of the military service and the party's attendance may not be secured within a reasonable time without undue inconvenience, the action shall be placed on the Military List. The affidavit or other proof shall show the place where the party is stationed and, upon information and belief, the duration of that assignment and shall establish that the party cannot be available for the trial of the action within a reasonable time and without undue inconvenience. Such actions shall be automatically returned to the active trial calendar by the court at the end of 6 months unless it is made to appear by further affidavit or other competent proof that the ability of the party to prosecute the action or to conduct the defense continues to be materially affected by reason of the party's military service. A similar procedure shall be followed at the expiration of every 6-month period until the action is restored to the active trial calendar.