As Amended
SEC. 41-45-7. Hearing on petition.
After the notice required by section 41-45-5 shall have been so given, the board of trustees of mental institutions at the time and place named therein, with such reasonable continuances from time to time and place to place as the said board may determine, shall proceed to hear and consider the said petition and the evidence offered in support of and against the same. The said board shall see to it that the inmate shall have opportunity and leave to attend the said hearings in person if desired by him or her or if requested by his or her guardian, next of kin, or parent served with the notice and petition.
The said board may receive and consider as evidence at the said hearing the commitment papers, and other records of the said inmate in any of the institutions mentioned in section 41-45-1 as certified by the director or directors thereof, together with such other legal evidence as may be offered by any party to the proceedings. Any members of said board shall have power to administer oaths to any witnesses at such hearing. Depositions may be taken by any party, after due notice, and read in evidence if otherwise pertinent. The said board shall preserve and keep all record evidence offered at such hearings, and shall have reduced to writing in duplicate all oral evidence so heard to be kept with its records. Any party to the said proceedings shall have the right to be represented by counsel at such hearings.
SOURCES: Codes, 1930, Sec. 4603; 1942, Sec. 6958; Laws, 1928, ch. 294.