Right to counsel

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Legislation, All Basic Human Needs

50 App USC § 521(b)(2) states:


If in an action covered by this section it appears that the defendant is in military service, the court may not enter a judgment until after the court appoints an attorney to represent the defendant. If an attorney appointed under this section to represent a servicemember cannot locate the servicemember, actions by the attorney in the case shall not waive any defense of the servicemember or otherwise bind the servicemember.


The "actions covered by this section" include "any civil action or proceeding, including any child custody proceeding, in which the defendant does not make an appearance."


50 App USC § 521(d)(2) states that where a serviceperson granted a stay of a civil action applies for an additional stay and is denied, "the court shall appoint counsel to represent the servicemember in the action or proceeding."

Appointment of Counsel: categorical Qualified: yes