2021 South Dakota Codified Laws
Title 27A - Mentally Ill Persons
Chapter 12 - Care, Treatment, And Rights Of Patients With Mental Illness
Section 27A-12-3.19 - Personal appearance at hearing not compulsory--Presenting evidence.
27A-12-3.19. Personal appearance at hearing not compulsory--Presenting evidence.
The person may appear personally at any hearing and testify on his or her own behalf, but the person may not be compelled to do so. The person may subpoena and cross-examine witnesses and present evidence. If the person chooses not to appear, the person's attorney shall state on the record that the person has been informed of the hearing and of the right to appear and the person chooses not to exercise that right. Documentation of the reasons for the person's decision are not required. The court or 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 patient.
Source: SL 1989, ch 237, §6; SL 1991, ch 220, §213; SDCL §27A-12-11.8; SL 2012, ch 149, §39.
