Sec. 5. (a) If a commitment proceeding is begun under
IC 12-26-3-5,
IC 12-26-6-2(a)(1), or
IC 12-26-6-2(a)(3), the court acquires
jurisdiction over the individual alleged to have a mental illness by service of
summons on the individual according to the Indiana Rules of
Trial Procedure or by entry of an appearance by the individual.
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Terms Used In Indiana Code 12-26-1-5
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(b) If an individual is being held under IC 12-26-6-2(a)(2), the court retains jurisdiction over the individual by the court’s order for continued detention.
[Pre-1992 Revision Citation: 16-14-9.1-9(a).]
As added by P.L.2-1992, SEC.20. Amended by P.L.99-2007, SEC.122.