Military Affidavit – Massachusetts Courts

The Military Affidavit is a standardized form used by the Massachusetts Trial Court to determine and record the military status of parties involved in a legal case, in compliance with the Service members Civil Relief Act (SCRA), 50 U.S.C. § 3931. This affidavit is essential in ensuring legal protections for servicemembers are upheld, particularly in cases where a default judgment is being considered.

The Military affidavit serves to protect the rights of servicemembers by ensuring that their active duty status is considered in legal proceedings, particularly when a default judgment may be issued. It helps the court to ascertain whether additional protections under the SCRA should apply, thus preventing undue hardship on those serving in the military.

Detailed instructions are provided for filling out each section of the form, emphasizing clarity and accuracy in reporting the military status and supporting facts. The form is designed to be filled out electronically or manually using blue or black ink.

The affidavit aligns with both federal and Massachusetts state laws, ensuring compliance with the SCRA and relevant civil procedure rules, specifically Mass. R. Civ. P. 55(b)(4).

This form is a critical tool in the Massachusetts Trial Court system, aiding in the fair and lawful treatment of servicemembers within the judicial process.

Filling out the Military Affidavit form accurately is crucial to ensure that servicemembers’ legal protections are upheld. Follow these step-by-step instructions to complete the form:

1. Header Information
   • Docket Number: Enter the unique case identifier if known.
   • Case Name: Write the full names of the plaintiff(s) and defendant(s).
   • Court Department: Select the appropriate court department by checking one of the options: Boston Municipal Court, District Court, Housing Court, Juvenile Court, Land Court, Probate & Family Court, or Superior Court.
   • Court Division or County: Specify the exact division or county where the court is located (e.g., Brighton Division, Attleboro District Court, Barnstable Probate and Family Court, or Barnstable County).

2. Affirmation of Military Status
   • Name: Insert your full name.
   • Date: Enter the current date or the date you conducted your search for the military status.
   • Military Status: Indicate the military status of each involved party by choosing one of the following options:
     • In Military Service: List the parties currently in military service as defined by the Servicemembers Civil Relief Act.
     • Not in Military Service: List the parties not in military service.
     • Concluded Military Service: List the parties who have concluded military service and specify the exact date of conclusion.
     • Unable to Determine: If you cannot determine the military status, check this option. Note that the court may require you to file a bond.

3. Supporting Facts
   • You must fill out this section and choose either Option A or Option B:
     • Option A: If you used the Servicemembers Civil Relief Act Website (https://scra.dmdc.osd.mil/) to determine military status:
       • Attach the search results (a certificate from the SCRA Website).
       • Optionally, provide additional facts supporting the military status.
     • Option B: If you did not use the SCRA Website:
       • Provide specific facts that support your statement about the military status of the parties. These facts can come from personal knowledge, contact with the party, or written correspondence from military service headquarters.

4. Signatory Information
   • Signature and Date: Sign and date the form. Electronic signatures are acceptable.
   • Printed Name, Address, Phone Number, and Email Address: Clearly write or type your contact information.
   • BBO Number: Massachusetts attorneys must provide their Board of Bar Overseers (BBO) Number. Attorneys licensed in other jurisdictions should provide their State Bar Number.

Additional Tips

• Use blue or black ink if filling out the form manually.
• Ensure all information is accurate and complete to avoid delays in processing.
• If unsure about any section, consult with a legal professional for guidance.

This guide should help you fill out the Military Affidavit form correctly, ensuring that all necessary legal protections are considered for service members involved in your case.