25-03.1-29. Appeal.
206 words·~1 min read·
/nd/title-25/chapter-25-03-1-commitment-procedures/25-03-1-29·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
1. The respondent has the right to an expedited appeal from an order of involuntary
commitment or alternative treatment, an order modifying a treatment order, an
alternative treatment order or less restrictive treatment order, a continuing treatment
order, an order denying a petition for discharge, or an order of transfer. Upon entry of
an appealable order, the court shall notify the respondent of the right of appeal and the
right to counsel. The notice of appeal must be filed within thirty days after the order
has been entered. Such appeal must be to the supreme court and the hearing must be
commenced within fourteen days of filing of the notice of appeal. The hearing must be
limited to a review of the procedures, findings, and conclusions of the lower court. The
name of the respondent may not appear on the record on appeal.
2. Pending appeal, the order appealed from remains in effect, unless the supreme court
determines otherwise. The respondent may not be denied the opportunity to be
present at the appeal hearing, and the court conducting the appeal may issue such
interim order as will assure this opportunity to the respondent while protecting the
interest sought to be served by the order appealed from.