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2016 SESSION

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SB 27 Servicemembers Civil Relief Act; appointed counsel may issue subpoena for all discoverable files.

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

SUMMARY AS PASSED:

Servicemembers Civil Relief Act; appointment of counsel to represent servicemember. Requires the plaintiff in a case in which counsel has been appointed under the Servicemembers Civil Relief Act (SCRA) to deliver all documents or information concerning the location of the servicemember to the appointed counsel if so requested in a subpoena duces tecum. The bill further provides that counsel appointed pursuant to the SCRA shall not be selected by the plaintiff or have any affiliation with the plaintiff, but allows counsel for the plaintiff to provide a list of attorneys familiar with the provisions of the SCRA upon the court's request.

SUMMARY AS PASSED SENATE:

Servicemembers Civil Relief Act; appointment of counsel to represent servicemember. Requires the plaintiff in a case in which counsel has been appointed under the Servicemembers Civil Relief Act (SCRA) to deliver all documents or information concerning the location of the servicemember to the appointed counsel if so requested in a subpoena duces tecum. The bill further provides that counsel appointed pursuant to the SCRA shall not be selected by the plaintiff or have any affiliation with the plaintiff.

SUMMARY AS INTRODUCED:

Servicemembers Civil Relief Act; appointment of counsel to represent servicemember. Requires any counsel appointed to represent a defendant pursuant to the Servicemembers Civil Relief Act (SCRA) to exercise due diligence in such representation. The bill also requires the plaintiff in a case in which counsel has been appointed under the SCRA 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 SCRA shall not be selected by the plaintiff or have any affiliation with the plaintiff.