Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b71.Change of venue.(a) At any time after the petition provided for inK.S.A. 59-29b57andamendments thereto has been filed venue may be transferred inaccordance with this section.
(1) Prior to trial required byK.S.A. 59-29b65 and amendmentsthereto. Before the expiration of two full working daysfollowing the probable cause hearing held pursuant toK.S.A. 59-29b59 or 59-29b62 and amendments thereto, the district court thenwithjurisdiction, on its own motion or upon the written request ofany person, may transfer the venue of the case to the districtcourt of the county where the patient is being detained,evaluated or treated in a treatment facility under the authorityof an order issued pursuant toK.S.A. 59-29b58, 59-29b59 or 59-29b64and amendments thereto. Thereafter the district court may on its ownmotion or upon the written request of any person transfer venueto another district court only for good cause shown. When anorder changing venue is issued, the district court issuing theorder shall immediately send to the district court to which venueis changed a facsimile or electroniccopy of the entire file of the case.The district court shall also immediately send a facsimile or electroniccopy of theorder transferring venue to the treatment facility where thepatient is being detained, evaluated or treated.
(2) After the trial required byK.S.A. 59-29b65 and amendmentsthereto, the district court may on its own motion or upon thewritten request of any person transfer venue to another districtcourt for good cause shown. When an order changing venue isissued, the district court issuing the order shall immediatelysend to the district court to which venue is changed a facsimileor electronic copy of the entire file of the case. Thetransferringdistrict court shall alsoimmediately send a facsimile or electronic copy of the ordertransferring venue tothe treatment facility where the patient is being detained,evaluated or treated.Upon request of the receiving district court or upon an order of thedistrictcourt transferring venue, the transferring district court shall send to thereceiving district court the entire original file of the case by mail.
(b) The district court issuing an order transferringvenue, if not in the county of residence of the proposed patient,shall transmit to the district court in the county of residenceof the proposed patient a statement of any court costs incurredby the county of the district court issuing the order and, if thecounty of residence is not the receiving county, afacsimile or electronic copyof 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. 59-29b63 and amendments thereto. In the event that notice ofachange of location of a hearing due to a change of venue cannotbe served at least 48 hours prior to any hearing previouslyscheduled by the transferring court or because of schedulingconflicts the hearing can not be held by the receiving court onthe previously scheduled date, then the receiving court shallcontinue 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, ifnot in the county of residence of the patient, shall transmit tothe district court in 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. 1998, ch. 134, § 26;L. 2009, ch. 116, § 21; July 1.
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b71.Change of venue.(a) At any time after the petition provided for inK.S.A. 59-29b57andamendments thereto has been filed venue may be transferred inaccordance with this section.
(1) Prior to trial required byK.S.A. 59-29b65 and amendmentsthereto. Before the expiration of two full working daysfollowing the probable cause hearing held pursuant toK.S.A. 59-29b59 or 59-29b62 and amendments thereto, the district court thenwithjurisdiction, on its own motion or upon the written request ofany person, may transfer the venue of the case to the districtcourt of the county where the patient is being detained,evaluated or treated in a treatment facility under the authorityof an order issued pursuant toK.S.A. 59-29b58, 59-29b59 or 59-29b64and amendments thereto. Thereafter the district court may on its ownmotion or upon the written request of any person transfer venueto another district court only for good cause shown. When anorder changing venue is issued, the district court issuing theorder shall immediately send to the district court to which venueis changed a facsimile or electroniccopy of the entire file of the case.The district court shall also immediately send a facsimile or electroniccopy of theorder transferring venue to the treatment facility where thepatient is being detained, evaluated or treated.
(2) After the trial required byK.S.A. 59-29b65 and amendmentsthereto, the district court may on its own motion or upon thewritten request of any person transfer venue to another districtcourt for good cause shown. When an order changing venue isissued, the district court issuing the order shall immediatelysend to the district court to which venue is changed a facsimileor electronic copy of the entire file of the case. Thetransferringdistrict court shall alsoimmediately send a facsimile or electronic copy of the ordertransferring venue tothe treatment facility where the patient is being detained,evaluated or treated.Upon request of the receiving district court or upon an order of thedistrictcourt transferring venue, the transferring district court shall send to thereceiving district court the entire original file of the case by mail.
(b) The district court issuing an order transferringvenue, if not in the county of residence of the proposed patient,shall transmit to the district court in the county of residenceof the proposed patient a statement of any court costs incurredby the county of the district court issuing the order and, if thecounty of residence is not the receiving county, afacsimile or electronic copyof 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. 59-29b63 and amendments thereto. In the event that notice ofachange of location of a hearing due to a change of venue cannotbe served at least 48 hours prior to any hearing previouslyscheduled by the transferring court or because of schedulingconflicts the hearing can not be held by the receiving court onthe previously scheduled date, then the receiving court shallcontinue 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, ifnot in the county of residence of the patient, shall transmit tothe district court in 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. 1998, ch. 134, § 26;L. 2009, ch. 116, § 21; July 1.
Article 29b.--CARE AND TREATMENT FOR PERSONS WITH AN ALCOHOL OR SUBSTANCE ABUSE PROBLEM
59-29b71.Change of venue.(a) At any time after the petition provided for inK.S.A. 59-29b57andamendments thereto has been filed venue may be transferred inaccordance with this section.
(1) Prior to trial required byK.S.A. 59-29b65 and amendmentsthereto. Before the expiration of two full working daysfollowing the probable cause hearing held pursuant toK.S.A. 59-29b59 or 59-29b62 and amendments thereto, the district court thenwithjurisdiction, on its own motion or upon the written request ofany person, may transfer the venue of the case to the districtcourt of the county where the patient is being detained,evaluated or treated in a treatment facility under the authorityof an order issued pursuant toK.S.A. 59-29b58, 59-29b59 or 59-29b64and amendments thereto. Thereafter the district court may on its ownmotion or upon the written request of any person transfer venueto another district court only for good cause shown. When anorder changing venue is issued, the district court issuing theorder shall immediately send to the district court to which venueis changed a facsimile or electroniccopy of the entire file of the case.The district court shall also immediately send a facsimile or electroniccopy of theorder transferring venue to the treatment facility where thepatient is being detained, evaluated or treated.
(2) After the trial required byK.S.A. 59-29b65 and amendmentsthereto, the district court may on its own motion or upon thewritten request of any person transfer venue to another districtcourt for good cause shown. When an order changing venue isissued, the district court issuing the order shall immediatelysend to the district court to which venue is changed a facsimileor electronic copy of the entire file of the case. Thetransferringdistrict court shall alsoimmediately send a facsimile or electronic copy of the ordertransferring venue tothe treatment facility where the patient is being detained,evaluated or treated.Upon request of the receiving district court or upon an order of thedistrictcourt transferring venue, the transferring district court shall send to thereceiving district court the entire original file of the case by mail.
(b) The district court issuing an order transferringvenue, if not in the county of residence of the proposed patient,shall transmit to the district court in the county of residenceof the proposed patient a statement of any court costs incurredby the county of the district court issuing the order and, if thecounty of residence is not the receiving county, afacsimile or electronic copyof 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. 59-29b63 and amendments thereto. In the event that notice ofachange of location of a hearing due to a change of venue cannotbe served at least 48 hours prior to any hearing previouslyscheduled by the transferring court or because of schedulingconflicts the hearing can not be held by the receiving court onthe previously scheduled date, then the receiving court shallcontinue 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, ifnot in the county of residence of the patient, shall transmit tothe district court in 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. 1998, ch. 134, § 26;L. 2009, ch. 116, § 21; July 1.
