Rule 12.3 - Notice to respondent - requirements(1) If the judge or referee determines that sufficient grounds to warrant a hearing on the respondent's serious mental impairment appear on the face of the application and supporting documentation, the sheriff or sheriff's deputy shall immediately serve notice, personally and not by substitution, on the respondent. Pursuant to Iowa Code section 229.9, notice shall also be served on respondent's attorney as soon as the attorney is identified or appointed by the judge or referee.(2) If the respondent is being taken into immediate custody pursuant to Iowa Code section 229.11, the notice shall include a copy of the order required by section 229.11 and rule 12.14.See rule 12.36, Form 4
(3) The notice of procedures required under Iowa Code section 229.7 shall inform the respondent of the following: a. The respondent's immediate right to counsel, at county expense if necessary.b. The right to request an examination by a physician of the respondent's choosing, at county expense if necessary.c. The right to be present at the hearing.d. The right to a hearing within five days if the respondent is taken into immediate custody pursuant to Iowa Code section 229.11.e. The right not to be forced to hearing sooner than forty-eight hours after notice, unless respondent waives such minimum prior notice requirement.f. The respondent's duty to remain in the jurisdiction and the consequences of an attempt to leave. g. The respondent's duty to submit to examination by a physician appointed by the court. See 12.36, Form 3
R. Invo. Hosp. Ment. Ill Pers. 12.3
Supreme Court Report 1979; amendment 1982; November 9, 2001, effective 2/15/2002.