ARTICLE 146. Continuances for military service.
A. It shall be the duty of any justice, judge, judicial referee, corporation commissioner, administrative law judge or hearing officer presiding over any civil, criminal or administrative proceeding in this state to continue any trial, hearing or other action pending before the court or an administrative forum when a party to the pending action or the primary counsel representing a party to the pending action is not present at the time the case or matter in question is reached on the docket or schedule by reason of participation in:
1. Active federal service, as defined in Title 10 of the United States Code;
2. Title 32 active duty, as defined in Section 801 of this title (Article 1);
3. Service in other reserve components of the Armed Forces of the United States, as defined in Title 10 of the United States Code; or
4. State active duty, as defined in Section 801 of this title (Article 1).
B. The trial, hearing or other pending action may proceed if the party, without the presence of his or her primary counsel, or the primary counsel, without the presence of the party, declares that the case or matter in question is nevertheless ready to proceed at the scheduled time.
C. If the primary counsel of a party to the pending action is not present due to military service pursuant to subsection A of this section, the party so affected shall declare under oath that he or she cannot properly proceed with the trial, hearing or other action pending before the court or administrative forum without the presence of the primary counsel.
D. If a party to the pending action is not present due to military service pursuant to subsection A of this section, his or her legal counsel shall appear and shall state in his or her place that the case or matter in question cannot properly proceed without the presence of the absent party.
E. Continuances granted pursuant to this section shall remain in effect no longer than ninety (90) calendar days. The justice, judge, judicial referee, corporation commissioner, administrative law judge or hearing officer may, at his or her discretion, continue the proceeding in question in order to carry out the administration of justice. The protections provided to service members in this section shall be available in addition to any protections afforded to service members under Section 208.1 of this title.
Added by Laws 2019, c. 408, § 203, eff. Oct. 1, 2019.
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