38:23C-4. Default in appearance; affidavit; bond to indemnify defendant
In any civil action or proceeding commenced in any court, if there shall be a default of an appearance by the defendant, and plaintiff, within 20 days before the entry of judgment or final order, shall file in the court an affidavit setting forth facts showing that the defendant is not in military service. If unable to file such affidavit, plaintiff shall in lieu thereof file an affidavit setting forth either that the defendant is in the military service or that plaintiff is not able to determine whether or not defendant is in such service. If an affidavit is not filed showing that the defendant is not in the military service, no judgment or final order shall be entered without first securing an order of court directing such entry, and no such order shall be made if the defendant is in such service until after the court shall have appointed an attorney to represent defendant and protect his interest, and the court shall on application make such appointment. Unless it appears that the defendant is not in such service the court may require, as a condition before judgment or final order is entered, that the plaintiff file a bond, approved by the court, conditioned to indemnify the defendant, if in military service, against any loss or damage that he may suffer by reason of any judgment or final order should the judgment or final order be thereafter set aside in whole or in part. And the court may make such other and further order or enter such judgment as in its opinion may be necessary to protect the rights of the defendant under this act.
L.1979, c. 317, s. 4, eff. Jan. 18, 1980.
Section: Previous 38-23b-22 38-23b-22.1 38-23b-22.2 38-23b-23 38-23c-1 38-23c-2 38-23c-3 38-23c-4 38-23c-5 38-23c-6 38-23c-7 38-23c-8 38-23c-9 38-23c-10 38-23c-11 Next
Last modified: October 11, 2016