Rule 5 Trial on issues of mental illness and dangerousness
Rule Text
(a) Burden of proof. In any hearing held pursuant to D.C. Code § 21-545 (2004 Supp.) the petitioner shall have the burden of proving by clear and convincing evidence that the respondent is mentally ill and because of that illness is likely to injure him or herself or other persons if not committed.
(b) Jury verdict. The jury shall deliver a separate verdict on each of the following questions:
(1) Whether the respondent is mentally ill,
(2) If the respondent is mentally ill, whether because of that illness he or she is likely to injure him or herself or other persons if not committed.
(c) Findings by the Court. If trial is by the Court, the Court shall make a general finding as to whether the respondent is mentally ill and, if so, whether because of that illness he or she is likely to injure him or herself or other persons if not committed. Upon request of a party, the Court shall in addition find the facts specially, except that findings of fact with respect to disposition and future treatment shall be made at the disposition hearing. If an opinion or memorandum of decision is filed, it is sufficient if the findings of fact appear therein.