59-3071. Referral for trial.
59-3071
59-3071. Referral for trial.(a) At any time after the filing of the petition providedfor inK.S.A. 59-3058, 59-3059, 59-3060 or 59-3061, and amendments thereto,but prior to the trialthereon, the court, upon the written request of the proposed ward or proposedconservatee, or upon thecourt's own motion, may issue an order of referral for trial to the districtcourtof:
(1) The county of residence of the proposed ward or proposed conservatee;
(2) the county wherein the proposed ward or proposed conservatee may befound; or
(3) any other county, if the referral has been requested by the proposed wardor proposedconservatee and the court finds that the proposed ward or proposed conservateecannot obtain a fairtrial otherwise.
(b) If the petition filed pursuant toK.S.A. 59-3058, 59-3059,59-3060 or 59-3061, andamendments thereto, is filed in a county in which the proposed ward or proposedconservatee is found because the proposed ward or proposed conservatee isconfined to a psychiatric hospital, thecourt may not issue an order of referral for trial pursuant to this sectionunless the proposed ward orproposed conservatee has requested or consented to this referral.
(c) When any order of referral for trial has been issued pursuant to thissection, the court shalltransmit to the district court to which the referral has been made a certifiedcopy of all pleadings andorders in the case.
(d) Upon receipt of an order of referral for trial and certified copies ofthe pleadings andorders in the case, the district court to which a referral has been made shallcause notice of thereferral for trial to be given to all persons entitled to notice pursuant toK.S.A. 59-3066, andamendments thereto, and shall thereafter proceed in the case as if the petitionhad been originallyfiled therein, except that if the original court having venue has previouslyset the matter for trialpursuant toK.S.A. 59-3063, and amendments thereto, but the court towhich theorder of referral fortrial has been made cannot conduct the trial at that time because notice of achange of location of thetrial cannot be served on any interested party at least 48 hours prior to thetrial, or because ofscheduling conflicts, then the court to which the matter has been transferredfor trial may set a newdate and time for the trial at a time not to exceed 21 days from the issuanceof the order of referralfor trial, and shall cause notice thereof to be given as provided for inK.S.A. 59-3066, andamendments thereto.
(e) At the conclusion of the trial held pursuant toK.S.A. 59-3067, andamendments thereto,the court to which the matter has been referred for trial shall determine theissues as provided for insubsection (d) ofK.S.A. 59-3067, and amendments thereto, and maydeny the requestcontained inthe petition asthe findings of the court require, but shall not appoint a guardian or aconservator even if the need for such has been shown. In such case, the courtshall transmit the findings of the courtfollowingthe trial, along with any statement of the costs incurred, and a certified copyof all pleadings filedand orders entered during the course of the referral and trial, to the originalcourt having venue.
(f) Upon receipt of such findings, pleadings and orders, the original courthaving venue shallproceed as provided for under this act, and may appoint the guardian orconservator, or both.
History: L. 2002, ch. 114, § 22; July 1.