| A.__The District Court shall hold a hearing on the | application not later than 15 days from the date of the | application, except that on a motion by any party the | hearing may be continued for a period not to exceed 10 | additional days. If the hearing is not held within the time | specified, or within the specified continuance period, the | court shall dismiss the application and order the person | discharged. In computing the time periods set forth in this | paragraph, the District Court Civil Rules apply. |
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| B.__The hearing must be conducted in as informal a manner as | possible to be consistent with orderly procedure and in a | physical setting not likely to have harmful effect on the | health of the person. |
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| C.__The court must receive all relevant and material | evidence that may be offered in accordance with accepted | rules of evidence and accepted judicial dispositions. The | person, the applicant and all other persons to whom notice | is required to be sent must be afforded an opportunity to | appear at the hearing to testify and to present and cross- | examine witnesses. The court may in its discretion receive | the testimony of any other person and may subpoena any | witness. |
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| D.__The person must be afforded an opportunity to be | represented by counsel and, if the person or the person's | guardian, parent, spouse or next of kin does not provide | counsel, the court shall appoint counsel for the person. |
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| E.__In addition to proving that the person is a chemically | dependent person who is incapacitated, the applicant shall | demonstrate: |
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| (1)__By evidence of the patient's actions and behavior, | that the person is incapacitated; and |
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| (2)__That, after full consideration of less restrictive | treatment settings and modalities, inpatient treatment | is the best available means for the treatment of the | person. |
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| F.__The applicant shall submit to the court, at the time of | the hearing, testimony indicating the individual treatment | plan to be followed by the approved treatment facility | staff, if the person is admitted under this section, and | shall bear any expense for witnesses for this purpose. |
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| G.__A stenographic or electronic record must be made of the | proceedings in all involuntary treatment hearings conducted |
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