Affidavits Of Non-Military Service

As reported in the Editorials section of the September 19, 2005 issue of the New Jersey Lawyer [14 NJL 1838], N.J. Court Rule 1:5-7 concerning affidavits of non-military service to obtain a judgment by default was recently revised.

Under the revised rule, "[u]nless based on fact admissible in evidence, the affidavit shall have attached to it a statement from the Department of Defense or from each branch of the armed forces that defendant is not in military serice."

To obtain certificates of service or non-service under the Servicemembers' Civil Relief Act of 2003 (formerly known as Soldiers' and Sailors' Civil Relief Act of 1940) you can use the public website: https://www.dmdc.osd.mil/scra/owa/home. This website will provide you with the current active military status of an individual. There is no charge for this certificate.

Information about obtaining certificates from the individual Services is available at:
http://www.defenselink.mil/faq/pis/PC09SLDR.html.

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