SLR 4-8.131: CIVIL COMMITMENT PROCEEDINGS

The following rules shall apply in all commitment hearings conducted pursuant to ORS Chapter 426 and 427. (1) Counsel for the Person Alleged to be Mentally Ill (PAMI) may make a brief opening statement for the purpose of informing the court and the examiners as to the PAMI’s position and desired outcome. Counsel for the County may make an opening statement only upon leave of the court. (2) Unless counsel for the PAMI or the County request otherwise, the order of the trial shall be as follows: (a) Opening statement by the PAMI’s Attorney; (b) The County presents its witnesses and other evidence; (c) The PAMI presents witnesses and other evidence; (d) The examiner(s) conduct a mental status examination; (e) The examiner(s) submit their reports; (f) Closing statements by the County and PAMI’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 PAMI’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 PAMI will remain in their current placement during the period of postponement. (b) If filed by the County, 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 PAMI’s attorney stipulates to the PAMI remaining in the current placement during the period of postponement.