59-2971. Change of venue. (a) At any time after the petition provided for in K.S.A. 59-2957, and amendments thereto, has been filed venue may be transferred in accordance with this section.
(1) Prior to trial required by K.S.A. 59-2965, and amendments thereto, and before the expiration of two full working days following the probable cause hearing held pursuant to K.S.A. 59-2959 or 59-2962, and amendments thereto, the district court then with jurisdiction, on its own motion or upon the written request of any person, may transfer the venue of the case to the district court of the county where the patient is being detained, evaluated or treated in a treatment facility under the authority of an order issued pursuant to K.S.A. 59-2958, 59-2959 or 59-2964, and amendments thereto. Thereafter the district court may on its own motion or upon the written request of any person transfer venue to another district court only for good cause shown.
When an order changing venue is issued, the district court issuing the order shall immediately send to the district court to which venue is changed a facsimile or electronic copy of the entire file of the case. The district court shall also immediately send a facsimile or electronic copy of the order transferring venue to the treatment facility where the patient is being detained, evaluated or treated.
(2) After trial required by K.S.A. 59-2965, and amendments thereto, the district court may on its own motion or upon the written request of any person transfer venue to another district court for good cause shown. When an order changing venue is issued, the district court issuing the order shall immediately send to the district court to which venue is changed a facsimile or electronic copy of the entire file of the case. The transferring district court shall also immediately send a facsimile or electronic copy of the order transferring venue to the treatment facility where the patient is being detained, evaluated or treated.
(b) The district court issuing an order transferring venue, if not in the county of residence of the proposed patient, shall transmit to the district court in the county of residence of the proposed patient a statement of any court costs incurred by the county of the district court issuing the order and, if the county of residence is not the receiving county, a facsimile or electronic copy of the entire file of the case.
(c) Any district court to which venue is transferred shall proceed in the case as if the petition had been originally filed therein and shall cause notice of the change of venue to be given to the persons named in and in the same manner as provided for in K.S.A. 59-2963, and amendments thereto. In the event that notice of a change of location of a hearing due to a change of venue cannot be served at least 48 hours prior to any hearing previously scheduled by the transferring court or because of scheduling conflicts the hearing can not be held by the receiving court on the previously scheduled date, then the receiving court shall continue the hearing for up to seven full working days to allow adequate time for notice to be given and the hearing held.
(d) Any district court to which venue is transferred, if not in the county of residence of the patient, shall transmit to the district court in the county of residence of the patient a statement of any court costs incurred and a facsimile or electronic copy of all pleadings and orders entered in the case after transfer.
History: L. 1996, ch. 167, § 27; L. 1997, ch. 152, § 10; L. 2009, ch. 116, § 20; L. 2010, ch. 5, § 10; March 11.
Structure Kansas Statutes
Article 29 - Care And Treatment For Mentally Ill Persons
59-2945 Name and citation of act.
59-2948 Civil rights of persons subject to the provisions of this act.
59-2950 Discharge of a voluntary patient.
59-2951 Right to discharge of voluntary patient; procedure.
59-2952 Petition for involuntary commitment of a voluntary patient.
59-2953 Investigation; emergency detention; authority and duty of law enforcement officers.
59-2954 Emergency observation and treatment; authority of treatment facility's procedure.
59-2955 Notice of right to communicate upon admission; notice of admission; notice of rights.
59-2956 Emergency observation; discharge.
59-2958 Ex parte emergency custody order.
59-2959 Temporary custody order; request for; procedure.
59-2960 Preliminary orders; continuances and advancement of trial.
59-2961 Order for a mental evaluation; procedure.
59-2962 Mental evaluation; hearing in noncustodial circumstances.
59-2964 Continuance of hearings; order of referral for short-term treatment.
59-2965 Trial upon the petition; procedure.
59-2966 Order for treatment; dismissal.
59-2968 Admissions to a state psychiatric hospital; moratorium; procedure.
59-2969 Hearing to review status of patient; procedure.
59-2972 Transfer by secretary for aging and disability services.
59-2974 Notice of discharge; restoration of certain rights.
59-2975 Unauthorized absence; procedure.
59-2976 Administration of medications and other treatments.
59-2977 Restraints; seclusion.
59-2979 Disclosure of records.
59-2980 Civil and criminal liability.
59-2981 Costs; payment by residence county, when.
59-2982 Notice of death of patients in treatment facilities.
59-2983 Applicability to persons in custody on criminal charges.