Tennessee Motion for Psychiatric Examination of Defendant

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State:
Multi-State
Control #:
US-00802
Format:
Word; 
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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

A medical hold is a process by which a patient who is alert but lacks capacity due to a medical condition can be prevented from leaving the hospital so that they can be examined and treated.

RULE 35. The order may be made only on motion for good cause shown and upon notice to the person to be examined and to all parties and shall specify the time, place, manner, conditions, and scope of the examination and the person or persons by whom it is to be made.

(a) (1) When a defendant charged with a criminal offense is believed to be incompetent to stand trial, or there is a question about the defendant's mental capacity at the time of the commission of the crime, the criminal, circuit, or general sessions court judge may, upon the judge's own motion or upon petition by the ...

A: A certificate of need or 6404 is a legal document used in the involuntary commitment process for. individuals posing an immediate substantial likelihood of serious harm due to mental illness or serious emotional disturbance based on the face to face examination of the person by a qualified professional.

A person with capacity to make health care decisions (§ 33-6-1002) has the right to accept or refuse mental health medication and other treatments. Under Tennessee law, capacity means they can understand and repeat the name of the treatment, the risks, the benefits and other treatments for the condition.

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Tennessee Motion for Psychiatric Examination of Defendant