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 STATE of WISCONSIN, CIRCUIT COURT, Milwaukee COUNTY for Official Use Affidavit of Nonmilitary Service Plaintiff Petitioner VsDef 2019

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Understanding the Affidavit of Nonmilitary Service

The Affidavit of Nonmilitary Service is a legal document used in the State of Wisconsin, specifically within the Milwaukee County Circuit Court. This affidavit serves to confirm that the defendant or respondent is not currently serving in the military. This is important as it affects the legal proceedings, particularly in terms of the rights and protections afforded to military personnel under the Servicemembers Civil Relief Act. The affidavit must be filled out accurately to ensure that the court can proceed with the case without violating any legal protections.

Steps to Complete the Affidavit of Nonmilitary Service

Completing the Affidavit of Nonmilitary Service involves several key steps:

  • Begin by obtaining the official form from the Milwaukee County Circuit Court or a trusted legal resource.
  • Fill in the required information, including the names of the plaintiff and defendant, the case number, and any other pertinent details.
  • Clearly state that the defendant is not in military service, providing any necessary supporting information.
  • Sign the affidavit in the presence of a notary public to validate the document.
  • Submit the completed affidavit to the court as part of your case documentation.

Legal Use of the Affidavit of Nonmilitary Service

This affidavit is crucial in legal proceedings, especially in civil cases where the defendant's military status may impact the case timeline and procedures. Courts require this affidavit to ensure compliance with federal laws protecting military members from default judgments and other legal actions while they are on active duty. It is essential to provide truthful information, as any misrepresentation can lead to legal consequences.

Obtaining the Affidavit of Nonmilitary Service

To obtain the Affidavit of Nonmilitary Service, individuals can visit the Milwaukee County Circuit Court's official website or contact the court directly. The form is typically available for download or can be requested in person. It is advisable to ensure that you are using the most current version of the form to avoid any issues during submission.

Key Elements of the Affidavit of Nonmilitary Service

The Affidavit of Nonmilitary Service includes several key elements:

  • The full names of the parties involved in the case.
  • The case number assigned by the court.
  • A statement affirming that the defendant is not in military service.
  • Signature of the affiant and a notary public.

State-Specific Rules for the Affidavit of Nonmilitary Service

In Wisconsin, specific rules govern the use of the Affidavit of Nonmilitary Service. It is essential to adhere to these rules to ensure that the affidavit is accepted by the court. This includes ensuring that the affidavit is notarized and submitted within the appropriate timeline as outlined by the court. Familiarizing oneself with these state-specific guidelines can help avoid delays in legal proceedings.

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