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Name Of Defendant Prosecutor Judge defendant's attorney. prosecutor. defendant. defendant's attorney. prosecutor. defendant. defendant's attorney with an associate or employee. prosecutor with an associate or employee. defendant's attorney. prosecutor. defendant. Service accepted by: Signature Of Person Accepting Service Signature Of Person Serving I certify that a copy of this Motion was served by: delivering a copy personally to the depositing a copy, enclosed in a postpaid properly addressed wrapper, in a post office or official depository under the exclusive care and custody of the U. S. Postal Service directed to the leaving a copy at the office of the Name And Title Of Person With Whom Copy Left Date Served Title Original-File Copy-Hospital Copy-Moving Party Copy-Opposing Pa rty (Over) County MOTION AND ORDER COMMITTING DEFENDANT TO DOROTHEA DIX FOR EXAMINATION ON CAPACITY TO PROCEED G.S. 15A-1002 The undersigned moves that the above named defendant be ex amined to determine whether by reason of mental illness or defect the defendant is unable to understand the nature and object of the proceedings against the defendant, to comprehend his/her own situation in reference to the proceedings, and to assist in his/her defense in a rational or reasonable manner. The specific conduct that leads the moving party to question the defendant's capacity to proceed is as follows: MOTION QUESTIONING DEFENDANT'S CAPACITY TO PROCEED Signature CERTIFICATE OF SERVICE BY MOVING PARTYIn The General Court Of Justice NOTE: District Superior Court Division Defendant's Attorney Offense Date A person charged with a misdemeanor must have a local examination before an examination at Dorothea Dix Hospital may be ordered. In felony cases, a local examination must be ordered before an examination at Dorothea Dix Hospital if the court finds that a local impartial medical expert or forensic evaluator approved under the Rules of the Commission for Mental Health, Developm ental Disabilities and Substance Abuse Services is available and appropriate. To order a local examination, use form AOC-CR-207. AOC-CR-208, Rev. 3/07 © 2007 Administrative Office of the Courts File No. STATE OF NORTH CAROLINA Upon request of the forensic evaluator designated by Dorothea Dix Hospital, counsel for the State and defendant shall furnish to the forensic evaluator designated by Dorothea Dix Hospital such records an d information in counsel's possession as the evaluator requests, including but not limited to copies of law enforcement reports, investigations, witness statements, statements by defendant, defendant's medical records, and prior psychiatric or psychologica l evaluations of defendant. Nothing herein shall be construed to require counsel to divulge any information, documents, no tes, or memoranda that are protected by attorney-client privilege or work-product doctrine. The defendant be committed to Dorothea Dix Hospital for a period no t to exceed sixty (60) days for observation and treatment, pursuant to G.S. 15A-1002, to determine the defendant's cap acity to proceed. The Director of Dorothea Dix Hospital must direct a written report describing the present state of the defendant's men tal health to the defense attorney and to the Clerk of Superior Court for the above referenced county. The sheriff of this county sh all transfer the defendant to Dorothea Dix Hospital and shall return the defendant to this county when notified that the e valuation has been completed. 1. I certify that this Order was received and served as follows: By transporting the defendant to Dorothea Dix Hospital . Other: (specify) Telephone No. RETURN OF SERVICE Date Signature Of Presiding Judge Name Of Presiding Judge (Type Or Print) Name And Address Of Defendant's Attorney The motion is denied as the defendant's capacity to proceed is not in question. 2. Date Served Signature Date Received Date Of Return Name Of Sheriff County Of Sheriff Deputy Sheriff Making Return a. a misdemeanor. b. a felony. is in question. is not in question. Upon presentation of a copy of this Order by the forensic evaluator designated by Dorothea Dix Hospital, any physician or clinician, licensed health care facility, licensed health care provider, local mana gement entity (LME), area mental health program, the North Carolina Department of Correction, the North Carolina Department of Juvenile Justice and Delinquency Prevention, any county detention facility, or any school district is hereby authorized and re quired to furnish copies of all records, including school records and records containing information relating to alcohol abuse, drug abuse and psychological or psychiatric conditions, concerning defendant to the forensic evaluator designated by Dorot hea Dix Hospital. An examination of the defendant at Dorothea Dix Hospital to de termine the defendant's capacity would be more appropriate under the provisions of G.S. 15A-1002(b)(2) than a local evaluation. The defendant has been examined in connection with the current ch arges by one or more local impartial medical experts or forensic evaluators approved under the rules of the Commission for Menta l Health, Developmental Disabilities and Substance Abuse Services. ( NOTE: A person charged with a misdemeanor must have a local examination before an examination at a state facility m ay be ordered.) 3. 1. 4. This cause was heard before the undersigned judge upon the motion of the person named on the reverse questioning the defendant's capacity to proceed. Having considered the motion, and after hearin g evidence, the Court finds that: The defendant's capacity to proceed FINDINGS ORDER It is ORDERED that: AOC-CR-208, Side Two, Rev. 3/07 © 2007 Administrative Office of the Courts The defendant is charged with 2.