Burden of Proof

Superior Court Civil Commitment Rules

Rule: 4.5

Jurisdiction: WA

Bluebook Citation: CCR 4.5

CCR 4.5 BURDEN OF PROOF Before entering an order returning any person for involuntary treatment on an inpatient basis as a result of failure to adhere to the terms and conditions of conditional release or less restrictive alternative treatment, the court shall find at the hearing that there is clear, cogent, and convincing evidence that such person did not adhere to the terms and conditions of release or less restrictive alternative treatment, that the terms of such release or treatment should not be modified, and that the person should be returned to inpatient treatment. [Adopted effective January 1. 1974; Amended effective January 1, 1981; Amended effective October 31, 2023.]

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