Puerto Rico Motion for Psychiatric Examination of Defendant

Category:
State:
Multi-State
Control #:
US-00802
Format:
Word; 
Rich Text
Instant download

Description

This form is a model motion for psychiatric examination of an indigent defendant by a private psychiatrist. The motion is made by defendant's attorney in hopes of ascertaining whether defendant is fit to stand trail. The court is asked to pay for the examination due to the defendant's indigence.
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FAQ

Since 2000, Puerto Rico's Mental Health Act has stated that the treatment and care of the patient ?should be based on promoting the best practices of self-determination and personal responsibility, consistent with their own needs and desires,? and that ?autonomy must be preserved, as far as possible.?23 It is not by ...

Rule 83, which has not been amended since the Federal Rules were promulgated in 1938, permits each district to adopt local rules not inconsistent with the Federal Rules by a majority of the judges. The only other requirement is that copies be furnished to the Supreme Court.

The United States Court of Appeals for the First Circuit hears appeals from the United States District Courts for the Districts of Maine, Massachusetts, New Hampshire, Puerto Rico and Rhode Island.

Local rules refer to a particular set of rules for each court governing matters not determined by the Federal Rules of Procedure. Local rules reflect the courts' traditional authority to manage their own affairs so as to achieve the orderly and expeditious disposition of cases.

Puerto Rico has one federal district court, which is known as the U.S. District Court for the District of Puerto Rico.

Local Court Rules. United States district courts and courts of appeals often prescribe local rules governing practice and procedure. Such rules must be consistent with both Acts of Congress and the Federal Rules of Practice and Procedure, and may only be prescribed after notice and an opportunity for public comment.

See Local Rule 83.9(b) (?All litigants proceeding pro se shall be bound by and comply with all local rules of this Court, and the Federal Rules of Civil and Criminal Procedure, unless otherwise excused from operation of the rules by court order.?); Loren v. Sasser, 309 F. 3d 1296, 1304 (11th Cir.

DEPOSITIONS UPON WRITTEN. QUESTIONS. (a) Use of Written Questions: A party may make an application to the Court to take a deposition, otherwise au- thorized under Rule 81, 82, or 83, upon written questions rather than oral examination.

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Puerto Rico Motion for Psychiatric Examination of Defendant