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The Servicemembers Civil Relief Act (2003), 50 U.S.C. App. This form must be signed in the presence of a Notary Public or Justice of the Peace.You can fill out the affidavit if you can truthfully provide the court with enough information to conclude that the defendant is not currently on active duty. This affidavit is made pursuant to the Servicemembers Civil Relief Act (50 U.S.C. § 3931). 2) I am the plaintiff in the above-captioned matter. A Servicemembers Civil Relief Act affidavit is a document litigants take to court to prove they have checked the active military status of the defendant. Information for members of the Armed Forces and their dependents on rights and protections of the Servicemembers Civil Relief Act. Sec. 516. When should this form be used? The affidavit must state whether the defendant is in the military, or that the plaintiff was unable to determine whether the defendant is in the military. When should this form be used?