What are the time frames for the Marchman Act?
The law provides time frames that the court system needs to adhere to upon filing.
Within ten (10) days of filing an Assessment and Stabilization Marchman Act petition, a hearing must be held or a decision is made ex-parte by the court based solely on the contents of the filled assessment and stabilization petition itself. Upon the filing of a Services Petition, the court must have a hearing within 5 days unless a continuance is granted. It is important for a petitioner to understand that there is no control over the clerk or court system and that every county procedure is different. An attorney would work diligently with each court specific system to ensure that the law is followed in its entirety and expedited for the petitioner and respondent’s benefit. Unfortunately, a pro se petitioner does not have the same leverage with the court system as an experienced Marchman Act Attorney. A pro se petitioner should do their best to stay in contact with the clerk of the court to obtain guidance regarding the court’s procedure and the status of their filing.
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