980.038 Miscellaneous procedural provisions.

251 words·~1 min read·/wi/chapter-980/980-038-2

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

(1)Motions challenging jurisdiction or competency of court or timeliness of petition.

(a)A motion challenging the jurisdiction or competency of the court or the timeliness of a petition filed under s. 980.02 shall be filed within 30 days after the court holds the probable cause hearing under s. 980.04

(2). Failure to file a motion within the time specified in this paragraph waives the right to challenge the jurisdiction or competency of the court or the timeliness of a petition filed under s. 980.02 .

(b)Notwithstanding s. 801.11 , a court may exercise personal jurisdiction over a person who is the subject of a petition filed under s. 980.02 even though the person is not served as provided under s. 801.11

(1)or

(2)with a verified petition and summons or with an order for detention under s. 980.04

(1)and the person has not had a probable cause hearing under s. 980.04

(2).

(2)Evidence of refusal to participate in examination.

(a)At any hearing under this chapter, the state may present evidence or comment on evidence that a person who is the subject of a petition filed under s. 980.02 or a person who has been committed under this chapter refused to participate in an examination of his or her mental condition that was being conducted under this chapter or that was conducted for the purpose of evaluating whether to file a petition before the petition under s. 980.02 was filed.