Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2960.Preliminary orders; continuances andadvancement of trial.(a) Upon the filing of the petition providedfor inK.S.A. 59-2957 and amendments thereto, the district courtshall issue the following:
(1) An order fixing the time and place of the trial uponthe petition. Such hearing, in the court's discretion, may beconducted in a courtroom, a treatment facility or at some othersuitable place. The time fixed in the order shall in no event beearlier than seven days or later than 14 days after the date ofthefiling of the petition. If a demand for a trial by jury is laterfiled by the proposed patient, the court may continue the trialand fix a new time and place of the trial at a time that mayexceed beyond the 14 days but shall be fixed within a reasonabletime not exceeding 30 days from the date of the filing of thedemand.
(2) An order that the proposed patient appear at the timeand place of the hearing and providing that the proposedpatient's presence will be required at the hearing unless theattorney for the proposed patient shall make a request that theproposed patient's presence be waived and the court finds thatthe proposed patient's presence at the hearing would be injuriousto the proposed patient's welfare. The order shall furtherprovide that notwithstanding the foregoing provision, if theproposed patient requests in writing to the court or to suchperson's attorney that the proposed patient wishes to be presentat the hearing, the proposed patient's presence cannot be waived.
(3) An order appointing an attorney to represent theproposed patient at all stages of the proceedings and until allorders resulting from such proceedings are terminated. The courtshall give preference, in the appointment of this attorney, toany attorney who has represented the proposed patient in othermatters if the court has knowledge of that prior representation.The proposed patient shall have the right to engage an attorneyof the proposed patient's own choice and, in such event, theattorney appointed by the court shall be relieved of all dutiesby the court.
(4) An order that the proposed patient shall appear at atime and place that is in the best interests of the patient wherethe proposed patient will have the opportunity to consult withthe proposed patient's court-appointed attorney, which time shallbe at least five days prior to the date set for the trial underK.S.A. 59-2965 and amendments thereto.
(5) An order for a mental evaluation as provided for inK.S.A. 59-2961 and amendments thereto.
(6) A notice as provided for inK.S.A. 59-2963 andamendments thereto.
(7) If the petition also contains allegations as providedfor inK.S.A. 59-3058, 59-3059, 59-3060, 59-3061 or 59-3062, andamendments thereto, those ordersnecessary to make a determination of the need for a legalguardian or conservator, or both, to act on behalf of theproposed patient. For these purposes, the trials required byK.S.A. 59-2965 and 59-3067, andamendments thereto, may beconsolidated.
(b) Nothing in this section shall prevent the court fromgranting an order of continuance, for good cause shown, to anyparty for no longer than seven days, except that suchlimitation doesnot apply to a request for an order of continuance made by theproposed patient or to a request made by any party if theproposed patient absents him or herself such that furtherproceedings can not be held until the proposed patient has beenlocated. The court also, upon the request of any party, mayadvance the date of the hearing if necessary and in the bestinterests of all concerned.
History: L. 1996, ch. 167, § 16;L. 2002, ch. 114, § 66; July 1.
Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2960.Preliminary orders; continuances andadvancement of trial.(a) Upon the filing of the petition providedfor inK.S.A. 59-2957 and amendments thereto, the district courtshall issue the following:
(1) An order fixing the time and place of the trial uponthe petition. Such hearing, in the court's discretion, may beconducted in a courtroom, a treatment facility or at some othersuitable place. The time fixed in the order shall in no event beearlier than seven days or later than 14 days after the date ofthefiling of the petition. If a demand for a trial by jury is laterfiled by the proposed patient, the court may continue the trialand fix a new time and place of the trial at a time that mayexceed beyond the 14 days but shall be fixed within a reasonabletime not exceeding 30 days from the date of the filing of thedemand.
(2) An order that the proposed patient appear at the timeand place of the hearing and providing that the proposedpatient's presence will be required at the hearing unless theattorney for the proposed patient shall make a request that theproposed patient's presence be waived and the court finds thatthe proposed patient's presence at the hearing would be injuriousto the proposed patient's welfare. The order shall furtherprovide that notwithstanding the foregoing provision, if theproposed patient requests in writing to the court or to suchperson's attorney that the proposed patient wishes to be presentat the hearing, the proposed patient's presence cannot be waived.
(3) An order appointing an attorney to represent theproposed patient at all stages of the proceedings and until allorders resulting from such proceedings are terminated. The courtshall give preference, in the appointment of this attorney, toany attorney who has represented the proposed patient in othermatters if the court has knowledge of that prior representation.The proposed patient shall have the right to engage an attorneyof the proposed patient's own choice and, in such event, theattorney appointed by the court shall be relieved of all dutiesby the court.
(4) An order that the proposed patient shall appear at atime and place that is in the best interests of the patient wherethe proposed patient will have the opportunity to consult withthe proposed patient's court-appointed attorney, which time shallbe at least five days prior to the date set for the trial underK.S.A. 59-2965 and amendments thereto.
(5) An order for a mental evaluation as provided for inK.S.A. 59-2961 and amendments thereto.
(6) A notice as provided for inK.S.A. 59-2963 andamendments thereto.
(7) If the petition also contains allegations as providedfor inK.S.A. 59-3058, 59-3059, 59-3060, 59-3061 or 59-3062, andamendments thereto, those ordersnecessary to make a determination of the need for a legalguardian or conservator, or both, to act on behalf of theproposed patient. For these purposes, the trials required byK.S.A. 59-2965 and 59-3067, andamendments thereto, may beconsolidated.
(b) Nothing in this section shall prevent the court fromgranting an order of continuance, for good cause shown, to anyparty for no longer than seven days, except that suchlimitation doesnot apply to a request for an order of continuance made by theproposed patient or to a request made by any party if theproposed patient absents him or herself such that furtherproceedings can not be held until the proposed patient has beenlocated. The court also, upon the request of any party, mayadvance the date of the hearing if necessary and in the bestinterests of all concerned.
History: L. 1996, ch. 167, § 16;L. 2002, ch. 114, § 66; July 1.
Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2960.Preliminary orders; continuances andadvancement of trial.(a) Upon the filing of the petition providedfor inK.S.A. 59-2957 and amendments thereto, the district courtshall issue the following:
(1) An order fixing the time and place of the trial uponthe petition. Such hearing, in the court's discretion, may beconducted in a courtroom, a treatment facility or at some othersuitable place. The time fixed in the order shall in no event beearlier than seven days or later than 14 days after the date ofthefiling of the petition. If a demand for a trial by jury is laterfiled by the proposed patient, the court may continue the trialand fix a new time and place of the trial at a time that mayexceed beyond the 14 days but shall be fixed within a reasonabletime not exceeding 30 days from the date of the filing of thedemand.
(2) An order that the proposed patient appear at the timeand place of the hearing and providing that the proposedpatient's presence will be required at the hearing unless theattorney for the proposed patient shall make a request that theproposed patient's presence be waived and the court finds thatthe proposed patient's presence at the hearing would be injuriousto the proposed patient's welfare. The order shall furtherprovide that notwithstanding the foregoing provision, if theproposed patient requests in writing to the court or to suchperson's attorney that the proposed patient wishes to be presentat the hearing, the proposed patient's presence cannot be waived.
(3) An order appointing an attorney to represent theproposed patient at all stages of the proceedings and until allorders resulting from such proceedings are terminated. The courtshall give preference, in the appointment of this attorney, toany attorney who has represented the proposed patient in othermatters if the court has knowledge of that prior representation.The proposed patient shall have the right to engage an attorneyof the proposed patient's own choice and, in such event, theattorney appointed by the court shall be relieved of all dutiesby the court.
(4) An order that the proposed patient shall appear at atime and place that is in the best interests of the patient wherethe proposed patient will have the opportunity to consult withthe proposed patient's court-appointed attorney, which time shallbe at least five days prior to the date set for the trial underK.S.A. 59-2965 and amendments thereto.
(5) An order for a mental evaluation as provided for inK.S.A. 59-2961 and amendments thereto.
(6) A notice as provided for inK.S.A. 59-2963 andamendments thereto.
(7) If the petition also contains allegations as providedfor inK.S.A. 59-3058, 59-3059, 59-3060, 59-3061 or 59-3062, andamendments thereto, those ordersnecessary to make a determination of the need for a legalguardian or conservator, or both, to act on behalf of theproposed patient. For these purposes, the trials required byK.S.A. 59-2965 and 59-3067, andamendments thereto, may beconsolidated.
(b) Nothing in this section shall prevent the court fromgranting an order of continuance, for good cause shown, to anyparty for no longer than seven days, except that suchlimitation doesnot apply to a request for an order of continuance made by theproposed patient or to a request made by any party if theproposed patient absents him or herself such that furtherproceedings can not be held until the proposed patient has beenlocated. The court also, upon the request of any party, mayadvance the date of the hearing if necessary and in the bestinterests of all concerned.
History: L. 1996, ch. 167, § 16;L. 2002, ch. 114, § 66; July 1.
