Rule 5.734 Service of Papers; Notice of Subsequent Petitions; Time for Service

(A) Service of Papers. When required by the Mental Health Code, the court must have the necessary papers served. The individual must be served personally. The individual's attorney also must be served.

(B) Notice of Subsequent Petitions. The court must serve a copy of a petition for the second or continuing order of involuntary mental health treatment or petition for discharge and the notice of hearing on all persons required to be served with notice of hearing on the initial petition or application for hospitalization.

(C) Time for Service.

(1) A notice of hearing must be served on the individual and the individual's attorney

(a) at least 2 days before the time of a hearing that is scheduled by the court to be held within 7 days or less; or

(b) at least 5 days before the time scheduled for other hearings.

(2) A notice of hearing must be served on other interested parties

(a) by personal service, at least 2 days before the time of a hearing that is scheduled by the court to be held within 7 days or less; or

(b) by personal service or by mail, at least 5 days before the time scheduled for other hearings.

The court may permit service of a notice of hearing on the individual, the individual's attorney, or other interested parties within a shorter period of time with the consent of the individual and the individual's attorney.