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Nevada Revised Statutes Title 39. Mental Health § 433A.339. Duty of district attorney to appear in proceedings; presentation of case when district attorney does not appear

Current as of January 01, 2025 | Updated by Findlaw Staff

1. The district attorney of a county in which a petition is filed or motion is made pursuant to NRS 433A.335 or 433A.345 or his or her deputy:

(a) Must appear and represent the State in the proceedings for assisted outpatient treatment if:

(1) The proceedings were initiated by:

(I) A petition filed pursuant to subsection 1 of NRS 433A.335 or NRS 433A.345 by the Administrator or his or her designee or the medical director of a division facility or his or her designee; or

(II) A motion made pursuant to subsection 2 of NRS 433A.335; and

(2) The district attorney determines that there is clear and convincing evidence that the criteria prescribed in subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345, as applicable, are met.

(b) May appear and represent the State in the proceedings for assisted outpatient treatment in any other case where the district attorney determines that there is clear and convincing evidence that the criteria prescribed in subsection 3 of NRS 433A.335 or subsection 1 of NRS 433A.345, as applicable, are met.

2. If the district attorney does not appear and represent the State in a proceeding for assisted outpatient treatment, the petitioner is responsible for presenting the case in support of the petition.

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Cite this article: FindLaw.com - Nevada Revised Statutes Title 39. Mental Health § 433A.339. Duty of district attorney to appear in proceedings; presentation of case when district attorney does not appear - last updated January 01, 2025 | https://codes.findlaw.com/nv/title-39-mental-health/nv-rev-st-433a-339/

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