South Dakota Codified Laws 27A-11A-11. Personal appearance at hearing–Presentation of evidence–Choosing not to appear
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The person may appear personally at any hearing and testify on his own behalf, but may not be compelled to do so. He has the right to subpoena and cross–examine witnesses and to present evidence. If the person chooses not to appear, his attorney shall state on the record that the person has been informed of the hearing and of his right to appear and chooses not to exercise this right. Documentation of the reasons for the person’s decision may not be required. The board of mental illness may exclude any person not necessary for the conduct of the proceedings from the hearings, except any person requested to be present by the proposed patient.
Terms Used In South Dakota Codified Laws 27A-11A-11
- 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 natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
Source: SL 1975, ch 181, § 90; SDCL Supp, § 27-7-12.3; SL 1991, ch 220, § 147; SDCL, § 27A-9-14.