If a respondent is detained pursuant to section 25-03.3-08, the state‘s attorney shall provide the respondent, or the respondent’s guardian, if appropriate, with a copy of the petition filed with the court. The state’s attorney shall provide the respondent with written notice of the respondent’s right to a preliminary hearing and a commitment hearing, if probable cause is found to exist; the right to counsel and that counsel will be appointed for the respondent, if the respondent is indigent; and the right to have an expert of the respondent’s choosing conduct an evaluation and testify on the respondent’s behalf or, if the respondent is indigent, that the court will appoint a qualified expert for the respondent. The notice must state the date, time, and place for the preliminary hearing. If notice is given to a respondent who the state’s attorney knows or believes is an individual with an intellectual disability, the state’s attorney also shall give notice to the respondent’s attorney, guardian, and guardian ad litem, if any.

Terms Used In North Dakota Code 25-03.3-10

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Individual: means a human being. See North Dakota Code 1-01-49
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See North Dakota Code 1-01-49
  • written: include "typewriting" and "typewritten" and "printing" and "printed" except in the case of signatures and when the words are used by way of contrast to typewriting and printing. See North Dakota Code 1-01-37