202A.076 Conduct of hearings.

212 words·~1 min read·/ky/chapter-202a/202a-076

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)The preliminary hearing need not be formal and may include the receiving of the

qualified mental health professionals' reports as evidence. The hearing may be held

by the court in chambers, at a hospital, or other suitable place. The respondent shall

be afforded an opportunity to testify, to present, and cross-examine witnesses who

appear and testify against him. The court may exclude all persons not necessary for

the conduct of the hearing. The respondent and his attorney may waive respondent's

right to a preliminary hearing.

(2)The final hearing may be conducted in an informal manner, consistent with orderly

procedures, and in a physical setting not likely to have a harmful effect on the

mental or physical health of the respondent. The hearing may be held by the court in

chambers, at a hospital, or other suitable place. The respondent shall be afforded an

opportunity to testify, to present, and cross-examine witnesses against him. The

manner of proceeding and rules of evidence shall be the same as those in any

criminal proceeding including the burden of proof beyond a reasonable doubt.

Proceedings shall be heard by a judge unless a party requests a jury trial. Neither the

respondent nor the respondent's attorney may waive the respondent's right to a final

hearing.