§ 35A-1112. Hearing on petition; adjudication order. - North Carolina Statutes

§35A‑1112.  Hearing on petition; adjudication order.

(a)        The hearing on thepetition shall be at the date, time, and place set forth in the final notice ofhearing and shall be open to the public unless the respondent or his counsel orguardian ad litem requests otherwise, in which event the clerk shall excludeall persons other than those directly involved in or testifying at the hearing.

(b)        The petitioner andthe respondent are entitled to present testimony and documentary evidence, tosubpoena witnesses and the production of documents, and to examine and cross‑examinewitnesses.

(c)        The clerk shalldismiss the proceeding if the finder of fact, whether the clerk or a jury, doesnot find the respondent to be incompetent.

(d)        If the finder offact, whether the clerk or the jury, finds by clear, cogent, and convincingevidence that the respondent is incompetent, the clerk shall enter an orderadjudicating the respondent incompetent.  The clerk may include in the orderfindings on the nature and extent of the ward's incompetence.

(e)        Following anadjudication of incompetence, the clerk shall either appoint a guardianpursuant to Subchapter II of this Chapter or, for good cause shown, transferthe proceeding for the appointment of a guardian to any county identified inG.S. 35A‑1103.  The transferring clerk shall enter a written orderauthorizing the transfer.  The clerk in the transferring county shall transferall original papers and documents, including the multidisciplinary evaluation,if any, to the transferee county and close his file with a copy of theadjudication order and transfer order.

(f)         If theadjudication occurs in any county other than the county of the respondent'sresidence, a certified copy of the adjudication order shall be sent to theclerk in the county of the ward's legal residence, to be filed and indexed asin a special proceeding of that county.

(g)        Except as providedin G.S. 35A‑1114(f), a proceeding filed under this Article may bevoluntarily dismissed as provided in G.S. 1A‑1, Rule 41, Rules of CivilProcedure. (1987, c. 550, s. 1.)