North Dakota § 23-07.6-05 Court hearing

North Dakota Statutes

§ 23-07.6-05 — Court hearing

North Dakota § 23-07.6-05

Title 23Health and Safety

Ch. 23-07.6Communicable Disease Confinement Procedure

This text of North Dakota § 23-07.6-05 (Court hearing) is published on Counsel Stack Legal Research, covering North Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.D. Cent. Code § 23-07.6-05 (2026).

Text

A hearing must be held on a petition filed under subsection 2 of section 23-07.6-03 within
five days of filing the petition. For a good cause shown, the court may continue the hearing for
up to ten days. A respondent has the right to a court hearing in the district court serving the
county in which the respondent resides. A record of the proceedings pursuant to this section
must be made and retained. If parties cannot personally appear before the court due to risks of
contamination or the spread of disease, proceedings may be conducted by their authorized
representatives and be held via any means that allows all parties to fully participate. The
respondent has a right to counsel and if the respondent is indigent, the respondent has the right
to have counsel provided at public expense. The 

Free access — add to your briefcase to read the full text and ask questions with AI

A hearing must be held on a petition filed under subsection 2 of section 23-07.6-03 within
five days of filing the petition. For a good cause shown, the court may continue the hearing for
up to ten days. A respondent has the right to a court hearing in the district court serving the
county in which the respondent resides. A record of the proceedings pursuant to this section
must be made and retained. If parties cannot personally appear before the court due to risks of
contamination or the spread of disease, proceedings may be conducted by their authorized
representatives and be held via any means that allows all parties to fully participate. The
respondent has a right to counsel and if the respondent is indigent, the respondent has the right
to have counsel provided at public expense. The respondent, respondent's representative, or
respondent's counsel has the right to cross-examine witnesses testifying at the hearing. A
petition for a hearing does not stay a written directive ordering confinement. The court shall
determine by a preponderance of the evidence if the respondent is infected with a
communicable disease, if the respondent poses a substantial threat to the public health, and if
confinement is necessary and is the least restrictive alternative to protect or preserve the public
health. The court shall also determine whether to order the respondent to follow the state or
local health officer's directive for decontamination, treatment, or preventative measures if the
petition is granted. If the written directive was issued by a local health officer, the state health
officer has the right to be made a party to the proceedings.