36-539. Conduct of hearing; record;
transcript
A. The medical director of the agency shall issue instructions to the physicians or
the psychiatric and mental health nurse practitioner treating the proposed patient to
take all reasonable precautions to ensure that at the time of the hearing the proposed
patient shall not be so under the influence of or so suffer the effects of drugs,
medication or other treatment as to be hampered in preparing for or participating in the
hearing. The court at the time of the hearing shall be presented a record of all drugs,
medication or other treatment that the person has received during the seventy-two hours
immediately before the hearing.
B. The patient and the patient's attorney shall be present at all hearings, and the
patient's attorney may subpoena and cross-examine witnesses and present evidence. The
patient may choose to not attend the hearing or the patient's attorney may waive the
patient's presence. The evidence presented by the petitioner or the patient shall
include the testimony of two or more witnesses acquainted with the patient at the time of
the alleged mental disorder, which may be satisfied by a statement agreed on by the
parties, and testimony of the two physicians who performed examinations in the evaluation
of the patient, which may be satisfied by stipulating to the admission of the evaluating
physicians' affidavits as required pursuant to section 36-533, subsection B. The
physicians shall testify as to their personal examination of the patient. They shall
also testify as to their opinions concerning whether the patient is, as a result of
mental disorder, a danger to self or to others, is persistently or acutely disabled or is
gravely disabled and as to whether the patient requires treatment. Such testimony shall
state specifically the nature and extent of the danger to self or to others, the
persistent or acute disability or the grave disability. If the patient is gravely
disabled, the physicians shall testify concerning the need for guardianship or
conservatorship, or both, and whether or not the need is for immediate
appointment. Other persons who have participated in the evaluation of the patient or, if
further treatment was requested by a mental health treatment agency, persons of that
agency who are directly involved in the care of the patient shall testify at the request
of the court or of the patient's attorney. Witnesses shall testify as to placement
alternatives appropriate and available for the care and treatment of the patient. The
clinical record of the patient for the current admission shall be available and may be
presented in full or in part as evidence at the request of the court, the county attorney
or the patient's attorney.
C. If the patient, for medical reasons, is unable to be present at the hearing and
the hearing cannot be conducted where the patient is being treated or confined, the court
shall require clear and convincing evidence that the patient is unable to be present at
the hearing and on such a finding may proceed with the hearing in the patient's absence.
D. The requirements of subsection B of this section are in addition to all rules of
evidence and the Arizona rules of civil procedure, not inconsistent with subsection B of
this section.
E. A verbatim record of all proceedings under this section shall be made by
stenographic means by a court reporter if a written request for a court reporter is made
by any party to the proceedings at least twenty-four hours in advance of such
proceedings. If stenographic means are not requested in the manner provided by this
subsection, electronic means shall be directed by the presiding judge. The stenographic
notes or electronic tape shall be retained as provided by statute.
F. A patient who has been ordered to undergo treatment may request a certified
transcript of the hearing. To obtain a copy, the patient shall pay for a transcript or
shall file an affidavit that the patient is without means to pay for a transcript. If
the affidavit is found true by the court, the expense of the transcript is a charge on
the county in which the proceedings were held, or, if an intergovernmental agreement by
the counties has required evaluation in a county other than that of the patient's
residence, such expense may be charged to the county of the patient's residence or in
which the patient was found before evaluation.
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