Hearings; rules of evidence applicable.

1. Law
2. Nebraska Revised Statutes
3. Public Health and Welfare
4. Hearings; rules of evidence applicable.

71-955. Hearings; rules of evidence applicable.

The rules of evidence applicable in civil proceedings shall apply at all hearings held under the Nebraska Mental Health Commitment Act. In no event shall evidence be considered which is inadmissible in criminal proceedings.

Source

• Laws 1976, LB 806, § 69;
• Laws 1981, LB 95, § 23;
• Laws 2000, LB 884, § 17;
• R.S.Supp.,2002, § 83-1059;
• Laws 2004, LB 1083, § 75.

Annotations

• The transcript of the proceeding before a mental health board may not be treated as evidence before the board, the district court, or this court unless the facts in the transcript are offered as evidence, are not objected to, and are received by the trier of fact. In re Interest of Kinnebrew, 224 Neb. 885, 402 N.W.2d 264 (1987).

• This statute makes the general rules of evidence applicable to proceedings under the Mental Health Commitment Act. In re Interest of Blythman, 208 Neb. 51, 302 N.W.2d 666 (1981).

• This section does not mandate Miranda-type warnings precede a psychiatric interview by a doctor. Kraemer v. Mental Health Board of the State of Nebraska, 199 Neb. 784, 261 N.W.2d 626 (1978).

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