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13th Judicial Circuit - Local Rule 65
65. Civil Commitment
A. The appearance by the Respondent at a hearing
authorized under the provisions of Chapters 630, 631 or 632 RSMo. may be
made by means of two-way audio-visual communication, including but not
limited to, internet based video conferencing; provided that such
audio-visual communication facilities provide two-way audio-visual
communication between the court and the remote site and that a full record
of such proceedings be made of the proceedings in the courtroom.
Video hearings shall be conducted in the same manner as if
the parties had appeared in person, and the presiding judicial officer may
exercise all powers consistent with the proceeding.
Any document filed in a video hearing may be transmitted
by facsimile transmission; signatures on a document transmitted by facsimile
transmission shall have the same force and effect as original signatures.
The presiding judicial officer shall begin all video
hearings by stating on the record the identities of all counsel, parties and
witnesses present in the courtroom and at the remote site.
Any system used for conducting video hearings shall:
1. Enable the persons communicating to be able to
simultaneously see and speak to one another;
2. Provide a live signal transmission that is secure from
unauthorized acquisition; and
3. Record the proceeding in order to produce an accurate
transcript upon request.
Video hearings shall not be authorized for jury trials.
The Judge presiding in the Probate Division shall
establish such procedures from time to time consistent with these rules to
implement the provisions of Chapters 630, 631 and 632 RSMo, regarding civil
commitment hearings and electroconvulsive therapy hearings.
B. The clerk of the probate division shall maintain a
current list of attorneys who have agreed to serve as counsel for proposed
patients, which shall be designated as the "Mental Health Register." Any
attorney wishing to be placed on the register may contact the clerk.
Appointments from the register shall be made on a rotational basis, provided
that counsel is available for the date the hearing is set.
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