Montana Code 53-21-115. Procedural rights
53-21-115. Procedural rights. In addition to any other rights that may be guaranteed by the constitution of the United States and of this state, by the laws of this state, or by this part, any person who is involuntarily detained or against whom a petition is filed pursuant to this part has the following rights:
Terms Used In Montana Code 53-21-115
- Court: means any district court of the state of Montana. See Montana Code 53-21-102
- 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.
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Professional person: means :
(a)a medical doctor;
(b)an advanced practice registered nurse, as provided for in 37-8-202, with a clinical specialty in psychiatric mental health nursing;
(c)a licensed psychologist;
(d)a physician assistant licensed under Title 37, chapter 20, with a clinical specialty in psychiatric mental health; or
(e)a person who has been certified, as provided for in 53-21-106, by the department. See Montana Code 53-21-102
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
(1)the right to notice reasonably in advance of any hearing or other court proceeding concerning the person;
(2)the right in any hearing to be present, to offer evidence, and to present witnesses in any proceeding concerning the person;
(3)the right to know, before a hearing, the names and addresses of any witnesses who will testify in support of a petition;
(4)the right in any hearing to cross-examine witnesses;
(5)the right to be represented by counsel;
(6)the right to remain silent;
(7)the right in any hearing to be proceeded against according to the rules of evidence applicable to civil matters generally;
(8)the right to view and copy all petitions on file with the court concerning the person;
(9)the right to be examined by a professional person of the person’s choice when the professional person is willing and reasonably available;
(10)the right to be dressed in the person’s own clothes at any hearing held pursuant to this part;
(11)the right to refuse any but lifesaving medication for up to 24 hours prior to any hearing held pursuant to this part; and
(12)the right to voluntarily take necessary medications prior to any hearing pursuant to this part.