R. Invo. Comm. Treat. Pers. Subst. Disord. 13.3

As amended through Septmber 9, 2024
Rule 13.3 - Notice to respondent - requirements
(1) If the judge or referee determines that sufficient grounds to warrant a hearing on the respondent's substance misuse 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 125.79, notice also shall 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 to be taken into immediate custody pursuant to Iowa Code section 125.81, the notice shall include a copy of the order required by Iowa Code section 125.81 and rule 13.14.
(3) The notice of procedures required under Iowa Code section 125.77 shall inform the respondent of the following:
a. Respondent's immediate right to counsel, at public expense if necessary.
b. Respondent's right to request an examination by a physician of the respondent's choosing, at public expense if necessary.
c. Respondent's right to be present at the hearing.
d. Respondent's right to a hearing within five days if the respondent is taken into immediate custody pursuant to Iowa Code section 125.81.
e. Respondent's right not to be forced to hearing sooner than 48 hours after notice, unless respondent waives such minimum prior notice requirement.
f. Respondent's duty to remain in the jurisdiction and the consequences of an attempt to leave.
g. Respondent's duty to submit to examination by a physician appointed by the court.

See rule 13.35, Form 3

R. Invo. Comm. Treat. Pers. Subst. Disord. 13.3

Report 1984; November 9, 2001, effective 2/15/2002; 6/29/2012, effective 9/4/2012.