The requirement for an affidavit may be satisfied by a statement, declaration, verification, or certificate, in writing, subscribed and certified or declared to be true under penalty of perjury. 50 U.S.C. § 3931(b)(4); see also Tex. Civ. Prac. & Rem. Code § 132.001. See section 8.58 in the practice notes and form 8-27. For instructions on obtaining certificates of service or nonservice, consult https://scra.dmdc.osd.mil/scra/#/home.
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Include the following notice if a minor is named in the caption or if the document contains other unredacted sensitive data. See § 6 of the Introduction in volume 1 of this manual concerning protection of sensitive data in filed documents. |
NOTICE: THIS DOCUMENT
CONTAINS SENSITIVE DATA
[Caption. See § 3 of the Introduction in volume 1 of this manual.]
[Nonmilitary Affidavit/Affidavit Regarding Military Service]
[Name of affiant] appeared in person before me today and stated under oath:
“My name is [name of affiant]. I am above the age of eighteen years, and I am fully competent to make this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct.
“I am the Petitioner in this case.
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Select one of the following. |
1.Respondent Not in Military Service
“To my knowledge, based on my personal knowledge of Respondent, a review of records related to this case, and my involvement in this case, [name of respondent], Respondent, is not currently in any military service of the United States of America or the State of Texas.”
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Or |
2.Respondent in Military Service
“To my knowledge, based on my personal knowledge of Respondent, my review of records related to this case, and my involvement in this case, [name of respondent], Respondent, is currently in the military service of the [United States of America/State of Texas]. Respondent is currently a member of the [specify details of military service (if known or discovered) possibly to include unit assignment, deployed theater of operations (e.g., Iraq, Afghanistan), place of duty assignment (e.g., Fort Bragg, NC), active duty or reserve or national guard, etc.].”
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Or |
3.Unable to Determine Respondent’s Military Service Status
“I have been unable to determine whether [name of respondent], Respondent, is in any military service of the United States of America or the State of Texas.”
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Allege specific facts showing due diligence regarding attempts to determine the respondent’s military service status. |
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Continue with the following. |
[Name of affiant]
Affiant
SIGNED under oath before me on ______________________________.
Notary Public, State of Texas