The affidavit or other proof shall show the place where the party is stationed and, upon information and belief, the duration of that assignment and shall establish that the party cannot be available for the trial of the action within a reasonable time and without undue inconvenience. Such actions shall be automatically returned to the active trial calendar by the court at the end of 6 months unless it is made to appear by further affidavit or other competent proof that the ability of the party to prosecute the action or to conduct the defense continues to be materially affected by reason of the party's military service. A similar procedure shall be followed at the expiration of every 6-month period until the action is restored to the active trial calendar.
Defendant is in the military stationed in Texas and anticipates being there for three years.
Plaintiff has objected to this case being put on the Military List stating that there is no reason that defense attorney cannot defend this action without the presence of his client. Plaintiff further states that this is a rear end hit with the only issue being damages, as a motion for summary judgment will be filed by plaintiff concerning liability. Plaintiff also states that the deposition of Ms. Maggi will not be conducted. The defendant is entitled to participate in her defense and the court rejects plaintiff's argument that liability is so clear that there is no issue. There is now video conferencing equipment available in our courthouse so a party can appear live even from another part of the world.