If an emergency custody order is issued by the court under section 71-1119, the subject has a right to an expedited hearing to challenge the order. At such hearing, the petitioner has the burden of showing that there is probable cause to continue the emergency custody order. Such hearing shall be held within ten days after the date the subject is taken into emergency custody unless such requirement is waived by the subject or the subject is granted a continuance based upon his or her request. The Nebraska Evidence Rules do not apply at a hearing under this section. Upon conclusion of such hearing, the court may continue, modify, or vacate the emergency custody order.

Terms Used In Nebraska Statutes 71-1120

  • Continuance: Putting off of a hearing ot trial until a later time.
  • Court: means the district court in which a petition is filed pursuant to the Developmental Disabilities Court-Ordered Custody Act. See Nebraska Statutes 71-1105
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Petitioner: means the Attorney General or the county attorney who files a petition under section 71-1117. See Nebraska Statutes 71-1111
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Subject: means a person who is named in a petition filed under the Developmental Disabilities Court-Ordered Custody Act. See Nebraska Statutes 71-1114
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