Section 330.1461 - Testimony or deposition of physician or psychologist required; presence of attorney during deposition; cross-examination of deponent; waiver.
MENTAL HEALTH CODE (EXCERPT)
Act 258 of 1974
330.1461 Testimony or deposition of physician or psychologist required; presence of attorney during deposition; cross-examination of deponent; waiver.
Sec. 461.
An individual may not be found to require treatment unless at least 1 physician or licensed psychologist who has personally examined that individual testifies in person or by written deposition at the hearing. A written deposition may be introduced as evidence at the hearing only if the attorney for the subject of the petition was given the opportunity to be present during the taking of the deposition and to cross-examine the deponent. This testimony or deposition may be waived by the subject of a petition. An individual may be found to require treatment even if the petitioner does not testify, as long as there is competent evidence from which the relevant criteria in section 401 can be established.
History: 1974, Act 258, Eff. Nov. 6, 1974 ;-- Am. 1976, Act 346, Imd. Eff. Dec. 21, 1976 ;-- Am. 1982, Act 402, Imd. Eff. Dec. 28, 1982 ;-- Am. 1995, Act 290, Eff. Mar. 28, 1996