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SOUTH DAKOTA STATUTES AND CODES

Section 27A-12-3.19 - Personal appearance at hearing not compulsory--Presentingevidence.

27A-12-3.19. Personal appearance at hearing not compulsory--Presenting evidence. The person may appear personally at any hearing and testify on his own behalf. Except for the hearing required in § 27A-12-3.14, the person may not be compelled to appear or testify. He may subpoena and cross-examine witnesses and 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 his right. Documentation of the reasons for the person's decision may not be 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.

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