Multnomah Supp. L. R. 8.131

As amended through January 17, 2024

Rule 8.131 - CIVIL COMMITMENT PROCEEDINGS

The following rules shall apply in all commitment hearings conducted pursuant to ORS Chapter 426 and 427.

(1) Counsel for the Allegedly Mentally Ill Person (AMIP) may make a brief opening statement for the purpose of informing the court and the examiners as to the AMIP's position and desired outcome. The District Attorney may make an opening statement only upon leave of the court.

(2) Unless counsel for the AMIP or the state request otherwise, the order of the trial shall be as follows:

(a) Opening statement by the AMIP's Attorney;

(b) The state presents its witnesses and other evidence;

(c) The examiners conduct a mental status examination;

(d) The AMIP presents witnesses and other evidence;

(e) The state presents rebuttal evidence;

(f) The examiners submit their reports;

(g) Closing statements by the state and AMIP's attorney.

(3) Requests to postpone a civil commitment hearing shall be e-filed by four (4) PM on the day before the hearing.

(a) The request from the AMIP's attorney must include:

(i) A declaration with the basis for the request;

(ii) The position of opposing party on the postponement; and

(iii) A stipulation that the AMIP will remain in their current placement during the period of postponement.

(b) If filed by the state, the request must include:

(i) A declaration with the basis for the request;

(ii) The position of opposing party on the postponement; and

(iii) If stipulated, a statement whether the AMIP's attorney stipulates to the AMIP remaining in the current placement during the period of postponement.

Multnomah Supp. L. R. 8.131

Amended effective 2/1/2024.