27A-11A-11. Personal appearance at hearing--Presentation of evidence--Choosing not to appear.The person may appear personally at any hearing and testify on his own behalf, but may not be compelled to do so. He has the right to subpoena and cross-examine witnesses and to present evidence. If the person chooses not to appear, his attorney shall state on the record that the person has been informed of the hearing and of his right to appear and chooses not to exercise this right. Documentation of the reasons for the person's decision may not be required. The board of mental illness may exclude any person not necessary for the conduct of the proceedings from the hearings, except any person requested to be present by the proposed patient. Source: SL 1975, ch 181, §90; SDCL Supp, §27-7-12.3; SL 1991, ch 220, §147; SDCL, §27A-9-14.
South Dakota Legal Code