30.1-28-17. Involuntary treatment with prescribed medication hearing

30.1-28-17. Involuntary treatment with prescribed medication hearing 1. The involuntary treatment with prescribed mood stabilizer or antipsychotic medication hearing must be held within three business days of the date of the filing of the petition unless waived by the ward or the ward has been released as a person not requiring treatment. The court may extend the time for hearing for good cause. 2. The hearing must be held in the county of the ward's residence or location, or the county in which the state hospital or treatment facility treating the ward is located. 3. At the hearing, evidence in support of the request must be presented by the guardian or guardian's counsel. During the hearing, the guardian and the ward must be afforded an opportunity to testify and to present and cross-examine witnesses. The court may receive the testimony of any other interested person. 4. All individuals not necessary for the conduct of the proceeding must be excluded, however, individuals having a legitimate interest in the proceeding may be admitted by the court. The hearing must be conducted as informal as practicable, but the issue must be tried as a civil matter. 5. Discovery and the power of subpoena permitted under the North Dakota Rules of Civil Procedure are available to the ward. The court shall receive all relevant and material evidence that may be offered as governed by the North Dakota Rules of Evidence. There is a presumption in favor of the ward, and the burden of proof is upon the petitioner to rebut the presumption in support of the petition. If the court finds that the petition has not been sustained by clear and convincing evidence, the court shall deny the petition.