North Dakota Century Code Title 25. Mental and Physical Illness or Disability § 25-03.1-19. Involuntary treatment hearing

1. The involuntary treatment hearing, unless waived by the respondent or the respondent has been released as a person not requiring treatment, must be held within fourteen days of the preliminary hearing. If the preliminary hearing is not required, the involuntary treatment hearing must be held within five days, exclusive of weekends and holidays, of the date the court received the expert examiner's report, not to exceed fourteen days from the time the petition was served. The court may extend the time for hearing for good cause. The respondent has the right to an examination by an independent expert examiner if so requested. If the respondent is indigent, the county of residence of the respondent shall pay for the cost of the examination and the respondent may choose an independent expert examiner.

2. The hearing must be held in the county of the respondent's residence or location or the county in which the state hospital or treatment facility treating the respondent is located if the respondent requests a change of venue. At the hearing, evidence in support of the petition must be presented by the state's attorney, private counsel, or counsel designated by the court. During the hearing, the petitioner and the respondent must be afforded an opportunity to testify and to present and cross-examine witnesses. The court may receive the testimony of any other interested person. All individuals not necessary for the conduct of the proceeding must be excluded, except the court may admit individuals having a legitimate interest in the proceeding. The hearing must be conducted in as informal a manner as practical, but the issue must be tried as a civil matter. Discovery and the power of subpoena permitted under the North Dakota Rules of Civil Procedure are available to the respondent. The court shall receive all relevant and material evidence that may be offered as governed by the North Dakota Rules of Evidence. There is a presumption in favor of the respondent, and the burden of proof in support of the petition is upon the petitioner.

3. If, upon completion of the hearing, the court finds the petition has not been sustained by clear and convincing evidence, the court shall deny the petition, terminate the proceeding, and order the respondent be discharged if the respondent has been hospitalized before the hearing.

4. Except for good cause, the court may not consider a medical record or expert examiner's report relating to the respondent unless the petitioner and respondent receive the medical record or the expert examiner's report at least twenty-four hours before the hearing.