Nebraska Statutes 71-1118. Subject; rights
A subject has the following rights pursuant to the Developmental Disabilities Court-Ordered Custody Act:
Terms Used In Nebraska Statutes 71-1118
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Court: means the district court in which a petition is filed pursuant to the Developmental Disabilities Court-Ordered Custody Act. See Nebraska Statutes 71-1105
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Subject: means a person who is named in a petition filed under the Developmental Disabilities Court-Ordered Custody Act. See Nebraska Statutes 71-1114
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
(1) The right to be represented by legal counsel and to have counsel appointed if the subject cannot afford to pay the cost of counsel;
(2) The right to have a guardian ad litem appointed to act on the subject’s behalf if the court determines that he or she is unable to assist in his or her own defense;
(3) The right to have a timely hearing on the merits of the petition before a district court judge;
(4) The right to have reasonable continuances, for good cause shown, in order to properly prepare for a hearing on the petition;
(5) The right to testify, subpoena witnesses, require testimony before the court, and offer evidence;
(6) The right to confront and cross-examine witnesses;
(7) The right to have an expert witness of the subject’s own choice evaluate the subject, testify, and provide recommendations to the court and to have such expert paid for by the county if the subject cannot afford the costs of such expert; and
(8) The right to have a transcript prepared for the purpose of an appeal, to appeal a final decision of the court, and to have the costs of such transcript and appeal paid by the county if the subject cannot afford such costs.