25-03.1-19. Involuntary treatment hearing.
427 words·~2 min read·
/nd/title-25/chapter-25-03-1-commitment-procedures/25-03-1-19·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. The involuntary treatment hearing, unless waived by the respondent or the respondent
has been released as a person not requiring treatment, must be held within fourteen
days of the preliminary hearing. If the preliminary hearing is not required, the
involuntary treatment hearing must be held within five days, exclusive of weekends
and holidays, of the date the court received the expert examiner's report, not to exceed
fourteen days from the time the petition was served. The court may extend the time for
hearing for good cause. The respondent has the right to an examination by an
independent expert examiner if so requested. If the respondent is indigent, the county
of residence of the respondent shall pay for the cost of the examination and the
respondent may choose an independent expert examiner.
2. The hearing must be held in the county of the respondent's residence or location or the
county in which the state hospital or treatment facility treating the respondent is
located if the respondent requests a change of venue. At the hearing, evidence in
support of the petition must be presented by the state's attorney, private counsel, or
counsel designated by the court. During the hearing, the petitioner and the respondent
must be afforded an opportunity to testify and to present and cross-examine
witnesses. The court may receive the testimony of any other interested person. All
individuals not necessary for the conduct of the proceeding must be excluded, except
the court may admit individuals having a legitimate interest in the proceeding. The
hearing must be conducted in as informal a manner as practical, but the issue must be
tried as a civil matter. Discovery and the power of subpoena permitted under the North
Dakota Rules of Civil Procedure are available to the respondent. The court shall
receive all relevant and material evidence that may be offered as governed by the
North Dakota Rules of Evidence. There is a presumption in favor of the respondent,
and the burden of proof in support of the petition is upon the petitioner.
3. If, upon completion of the hearing, the court finds the petition has not been sustained
by clear and convincing evidence, the court shall deny the petition, terminate the
proceeding, and order the respondent be discharged if the respondent has been
hospitalized before the hearing.
4. Except for good cause, the court may not consider a medical record or expert
examiner's report relating to the respondent unless the petitioner and respondent
receive the medical record or the expert examiner's report at least twenty-four hours
before the hearing.