Presence at hearing — exceptions

13.19(1) The applicant and any physician or mental health professional who has examined respondent in connection with the commitment proceedings must be present at the hearing conducted under Iowa Code section 125.82, unless their presence is waived by the respondent’s attorney, the judge or referee finds that their presence is not necessary, or their testimony can be taken through telephonic means and the respondent’s attorney does not object. 13.19(2) The respondent must be present at the hearing unless prior to the hearing the respondent’s attorney stipulates in writing to respondent’s absence. Such stipulation shall state that the attorney has conversed with the respondent, that in the attorney’s judgment the respondent can make no meaningful contribution to the hearing or has waived the right to be present, and the basis for such conclusions. A stipulation to the respondent’s absence shall be reviewed by the judge or referee before the hearing, and shall be rejected if it appears Ch 13, p.4 SUBSTANCE USE DISORDERS October 2025 that insufficient grounds are stated or that the respondent’s interests would not be served by respondent’s absence. [Report 1984; October 11, 1991, effective January 2, 1992; November 9, 2001, effective February 15, 2002]