36-536. Service of petition; counsel for
proposed patient; notice
A. At least seventy-two hours before the court conducts the hearing on the petition
for court-ordered treatment, a copy of the petition, affidavits in support of the
petition and the notice of the hearing shall be served on the patient, who shall be
informed of the purpose of the hearing and advised of the patient's right to consult
counsel. If the patient has not employed counsel, counsel shall be appointed by the
court at least three days before the hearing. If at the time of the petition for
evaluation the patient had counsel, the same attorney should, if possible, be appointed
to represent the patient at the hearing for court-ordered treatment.
B. The notice provisions of this section cannot be waived.
C. The notice of the hearing shall fix the time and place for the hearing, which
shall be held in the courtroom or other place within the county that the court may
designate to insure humane treatment with due regard to the comfort and safety of the
patient and others.
D. The person who serves the notice of hearing must file a proof of service with
the court that specifies the date, time and manner of service.
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