(a) Whenever it becomes necessary, in case of disaster emergency, invasion, insurrection, or rebellion or imminent danger thereof, or to prevent or suppress lawless violence, or whenever the public safety or welfare shall require, the Commander-in-Chief may issue an order to the Adjutant General to mobilize into Territorial Active Military Service such units and/or individuals of the Virgin Islands National Guard as may be necessary to maintain or restore public order and to guarantee the safety of life and property. However, the order authorized under this subsection, if not in writing, shall be reduced to writing not more than 48 hours after the order is issued.
(b) The Commander-in-Chief or the Adjutant General may order into Territorial Inactive Military Service such units or individuals of the Virgin Islands National Guard, or both, to perform such ceremonial functions as may be required, including but not limited to, funeral and ceremonial details. Such members and officers shall receive a stipend for such service in accordance with section 1517 of this chapter.
(c) (1) Notwithstanding any other law to the contrary, a civil court action against a Virgin Islands National Guard member called by the Governor into Territorial military service shall be stayed for a period of thirty (30) consecutive days by the court on a motion filed on behalf of the National Guard member, unless the court finds that member’s ability to prosecute or defend is not materially affected by the member’s active military duty.(2) A member seeking the benefits of this subsection must first furnish the court and the affected party, including creditors and landlords, a copy of his orders together with a written statement from the Adjutant General of the Virgin Islands National Guard or his designee that the member has served continuously on Territorial Orders for the period commencing with the date of the orders through the date of the statement. The court may require the member to furnish a recertification of his orders every thirty (30) days thereafter, which must be furnished by the Adjutant General upon request.
(1) Notwithstanding any other law to the contrary, a civil court action against a Virgin Islands National Guard member called by the Governor into Territorial military service shall be stayed for a period of thirty (30) consecutive days by the court on a motion filed on behalf of the National Guard member, unless the court finds that member’s ability to prosecute or defend is not materially affected by the member’s active military duty.
(2) A member seeking the benefits of this subsection must first furnish the court and the affected party, including creditors and landlords, a copy of his orders together with a written statement from the Adjutant General of the Virgin Islands National Guard or his designee that the member has served continuously on Territorial Orders for the period commencing with the date of the orders through the date of the statement. The court may require the member to furnish a recertification of his orders every thirty (30) days thereafter, which must be furnished by the Adjutant General upon request.