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2015 SESSION

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SB 1357 Servicemembers Civil Relief Act; duty of counsel to exercise due diligence.

Introduced by: Bryce E. Reeves | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Servicemembers Civil Relief Act; duty of counsel to exercise due diligence in representation of a servicemember. Requires any counsel appointed to represent a defendant pursuant to the Servicemembers Civil Relief Act (SCRA) to exercise due diligence to faithfully represent the interest of the servicemember, to locate and communicate with the servicemember, to conduct an investigation of the reasonably discoverable facts in the case, to determine whether or not the servicemember has a defense to any of the allegations in the suit, and to present that information to the court. The bill also requires the plaintiff in a case in which counsel has been appointed under the SCRA to represent a defendant to promptly deliver all discoverable electronic and print files to the appointed counsel upon request. The bill further provides that counsel appointed pursuant to the Servicemembers Civil Relief Act shall not be selected by the plaintiff or counsel for the plaintiff or have any affiliation with the plaintiff.


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