Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2971.Change of venue.(a) At any time after the petition provided for inK.S.A. 59-2957 and amendments thereto has been filedvenue may be transferred in accordance with this section.
(1) Prior to trial required byK.S.A. 59-2965 and amendmentsthereto. Before the expiration of two full working days following theprobablecause hearing held pursuant toK.S.A. 59-2959 or 59-2962 andamendments thereto, the district court then with jurisdiction, on its ownmotion or upon the written request of any person, may transfer the venue of thecase to the district court of the county where the patient is beingdetained,evaluated or treated in a treatment facility under the authorityof an order issued pursuant toK.S.A. 59-2958, 59-2959 or 59-2964and amendments thereto. Thereafter the district court may on its ownmotion orupon the written request of any person transfer venue to another district courtonly for good cause shown.
When an order changing venue is issued, the district courtissuing the order shall immediately send to the district courtto which venue is changed a facsimile or electronic copy of the entire fileof the case. The districtcourt shall also immediately send afacsimile or electronic copy of the order transferring venue to thetreatmentfacility where the patient is being detained, evaluated ortreated.
(2) After trial required byK.S.A. 59-2965 and amendmentsthereto, the district court may on its own motion or upon the written requestof any person transfer venue to another district court for good cause shown.When an order changing venue is issued, the district court issuing the ordershall immediately send to the district court to which venue is changed afacsimile or electronic copy of the entire file of thecase. The transferring district courtshall also immediately send a facsimile or electronic copy of the ordertransferring venue to thetreatment facility where the patient is being detained, evaluated or treated.
(b) The district court issuing an order transferring venue, if not in thecounty of residence of the proposed patient, shall transmit to the districtcourt in the county of residence of the proposed patient a statement of anycourt costs incurred by the county of the district court issuing the order and,if the county of residence is not the receiving county, afacsimile or electronic copy of the entire file of the case.
(c) Any district court to which venue is transferred shallproceed in the case as if the petition had been originally filedtherein and shall cause notice of the change of venue to be givento the persons named in and in the same manner as provided for inK.S.A. 59-2963 and amendments thereto. In the event that noticeof a change of location of a hearing due to a change of venuecannot be served at least 48 hours prior to any hearingpreviously scheduled by the transferring court or because ofscheduling conflicts the hearing can not be held by the receivingcourt on the previously scheduled date, then the receiving courtshall continue the hearing for up to seven full working days to allowadequate time for notice to be given and the hearing held.
(d) Any district court to which venue is transferred, if not inthe county of residence of the patient, shall transmit to the district courtin the county of residence of the patient astatement of any court costs incurred and a facsimile orelectronic copy of allpleadings and orders entered in the case after transfer.
History: L. 1996, ch. 167, § 27;L. 1997, ch. 152, § 10;L. 2009, ch. 116, § 20; July 1.
Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2971.Change of venue.(a) At any time after the petition provided for inK.S.A. 59-2957 and amendments thereto has been filedvenue may be transferred in accordance with this section.
(1) Prior to trial required byK.S.A. 59-2965 and amendmentsthereto. Before the expiration of two full working days following theprobablecause hearing held pursuant toK.S.A. 59-2959 or 59-2962 andamendments thereto, the district court then with jurisdiction, on its ownmotion or upon the written request of any person, may transfer the venue of thecase to the district court of the county where the patient is beingdetained,evaluated or treated in a treatment facility under the authorityof an order issued pursuant toK.S.A. 59-2958, 59-2959 or 59-2964and amendments thereto. Thereafter the district court may on its ownmotion orupon the written request of any person transfer venue to another district courtonly for good cause shown.
When an order changing venue is issued, the district courtissuing the order shall immediately send to the district courtto which venue is changed a facsimile or electronic copy of the entire fileof the case. The districtcourt shall also immediately send afacsimile or electronic copy of the order transferring venue to thetreatmentfacility where the patient is being detained, evaluated ortreated.
(2) After trial required byK.S.A. 59-2965 and amendmentsthereto, the district court may on its own motion or upon the written requestof any person transfer venue to another district court for good cause shown.When an order changing venue is issued, the district court issuing the ordershall immediately send to the district court to which venue is changed afacsimile or electronic copy of the entire file of thecase. The transferring district courtshall also immediately send a facsimile or electronic copy of the ordertransferring venue to thetreatment facility where the patient is being detained, evaluated or treated.
(b) The district court issuing an order transferring venue, if not in thecounty of residence of the proposed patient, shall transmit to the districtcourt in the county of residence of the proposed patient a statement of anycourt costs incurred by the county of the district court issuing the order and,if the county of residence is not the receiving county, afacsimile or electronic copy of the entire file of the case.
(c) Any district court to which venue is transferred shallproceed in the case as if the petition had been originally filedtherein and shall cause notice of the change of venue to be givento the persons named in and in the same manner as provided for inK.S.A. 59-2963 and amendments thereto. In the event that noticeof a change of location of a hearing due to a change of venuecannot be served at least 48 hours prior to any hearingpreviously scheduled by the transferring court or because ofscheduling conflicts the hearing can not be held by the receivingcourt on the previously scheduled date, then the receiving courtshall continue the hearing for up to seven full working days to allowadequate time for notice to be given and the hearing held.
(d) Any district court to which venue is transferred, if not inthe county of residence of the patient, shall transmit to the district courtin the county of residence of the patient astatement of any court costs incurred and a facsimile orelectronic copy of allpleadings and orders entered in the case after transfer.
History: L. 1996, ch. 167, § 27;L. 1997, ch. 152, § 10;L. 2009, ch. 116, § 20; July 1.
Article 29.--CARE AND TREATMENT FOR MENTALLY ILL PERSONS
59-2971.Change of venue.(a) At any time after the petition provided for inK.S.A. 59-2957 and amendments thereto has been filedvenue may be transferred in accordance with this section.
(1) Prior to trial required byK.S.A. 59-2965 and amendmentsthereto. Before the expiration of two full working days following theprobablecause hearing held pursuant toK.S.A. 59-2959 or 59-2962 andamendments thereto, the district court then with jurisdiction, on its ownmotion or upon the written request of any person, may transfer the venue of thecase to the district court of the county where the patient is beingdetained,evaluated or treated in a treatment facility under the authorityof an order issued pursuant toK.S.A. 59-2958, 59-2959 or 59-2964and amendments thereto. Thereafter the district court may on its ownmotion orupon the written request of any person transfer venue to another district courtonly for good cause shown.
When an order changing venue is issued, the district courtissuing the order shall immediately send to the district courtto which venue is changed a facsimile or electronic copy of the entire fileof the case. The districtcourt shall also immediately send afacsimile or electronic copy of the order transferring venue to thetreatmentfacility where the patient is being detained, evaluated ortreated.
(2) After trial required byK.S.A. 59-2965 and amendmentsthereto, the district court may on its own motion or upon the written requestof any person transfer venue to another district court for good cause shown.When an order changing venue is issued, the district court issuing the ordershall immediately send to the district court to which venue is changed afacsimile or electronic copy of the entire file of thecase. The transferring district courtshall also immediately send a facsimile or electronic copy of the ordertransferring venue to thetreatment facility where the patient is being detained, evaluated or treated.
(b) The district court issuing an order transferring venue, if not in thecounty of residence of the proposed patient, shall transmit to the districtcourt in the county of residence of the proposed patient a statement of anycourt costs incurred by the county of the district court issuing the order and,if the county of residence is not the receiving county, afacsimile or electronic copy of the entire file of the case.
(c) Any district court to which venue is transferred shallproceed in the case as if the petition had been originally filedtherein and shall cause notice of the change of venue to be givento the persons named in and in the same manner as provided for inK.S.A. 59-2963 and amendments thereto. In the event that noticeof a change of location of a hearing due to a change of venuecannot be served at least 48 hours prior to any hearingpreviously scheduled by the transferring court or because ofscheduling conflicts the hearing can not be held by the receivingcourt on the previously scheduled date, then the receiving courtshall continue the hearing for up to seven full working days to allowadequate time for notice to be given and the hearing held.
(d) Any district court to which venue is transferred, if not inthe county of residence of the patient, shall transmit to the district courtin the county of residence of the patient astatement of any court costs incurred and a facsimile orelectronic copy of allpleadings and orders entered in the case after transfer.
History: L. 1996, ch. 167, § 27;L. 1997, ch. 152, § 10;L. 2009, ch. 116, § 20; July 1.
