Does a witness have to appear for a competency hearing?

Can a person be incompetent in a competency court hearing?

Yes, a person can be found incompetent in a competency court hearing. The hearing may be continued until psychological and intelligence testing is done on the person.

Can a person with a General Power of attorney speak for the person summoned to a competency hearing?

Anyone who has a valid interest in a competency hearing, is entitled by law to be heard.

How do you file a competency hearing?

You cannot file a hearing. You file a motion to request a competency hearing. To do this, you draft a motion with the appropriate facts and law, and file it with the court hearing the underlying case.

Can a person be found incompetent in a competency court hearing?

Yes, a person can be found incompetent in a competency court hearing. The hearing may be continued until psychological and intelligence testing is done on the person.

Is a convicted felon eligible for a competency hearing?

yes

Daughter is currently in psych ward and has competency hearing what will happen after the hearing and she is not capable of taking care of herself and she has no insurance.. she is 21 years old?

Competency for what? Competency to stand trial for something? Competency to refuse treatment? If she is seriously mentally ill and has no insurance, she could be committed to a state hospital at the state's expense. There are also Board and Care homes for the mentally ill and indigent.

If a witness is absent from a preliminary hearing what will happen?

If you made the witness not show up, you get charged with another crime.

How is a witness called to a trial?

Witnesses are brought to trial in two main ways: 1. They are asked, and voluntarily appear. This is risky, as they may not, in fact, appear. Without them, the party who needs them may be unable to prove their claim or defense. 2. By serving them with a subpoena. A subpoena is essentially a court order commanding the witness to appear at a specified time and place to offer testimony. If it is necessary for the witness to bring documents or other material, a "subpoena duces tecum" is served. This is essentially the same as a plain subpoena, but is titled differently and specifies the material that is to be brought at the time of testimony. If the witness does not appear despite being served with a subpoena, he/she may be held in contempt (for disobeying a court order). It generally also lays a better predicate for getting the hearing or trial continued (delayed), because the court will see that the party did all that he/she could do get the witness to the hearing/trial. The subpoena must be accompanied by a statutory mileage fee, the amount of which can usually be determined from the Clerk of the Court. If the witness is an "expert witness", (for example, a physician or someone else with technical, specialized knowledge that is necessary for the required proof), he/she may request a reasonable expert witness fee to attend. If not paid, he/she may have a basis for not complying with the subpoena. If the party subpoenaing such party feels that the fee requested is out of line, a hearing may be set with the court to determine reasonableness.

You received a notice of hearing what do you do next?

I received a Notice of Hearing. Do I have to appear in court?

What tool can the court use to force a reluctant witness to appear for a deposition?

The court can issue a Supoena which orders a witness to appear ; see related link below .

Should an attorney get involved in his new wife's custody hearing?

Only as a witness

Does the commission have the power to subpoena a security officer to appear at hearing at any time?

Commission have the power to subpoena a security officer to appear at a hearing at any time?