Marchman Act Hearing Testimony: Who Can Testify in Florida

If your loved one’s drinking or drug use has led to a Marchman Act case, you may be the one the judge hears from. If you are wondering who will speak at the hearing, Florida law allows relatives who know your loved one’s history to act as witnesses, and your loved one, as the person named in the petition, may decline to testify. At the hearing, the court must hear all relevant evidence under § 397.6957.

Florida’s Marchman Act covers involuntary services for substance abuse impairment. This guide explains each group of witnesses, what each can say, and how to get ready. For the full process from filing to order, read our Marchman Act guide.

Who Can Testify at a Marchman Act Hearing in Florida

The witnesses are people with firsthand knowledge, the petitioner, and professionals whose assessments are part of the court file. The court reviews all relevant evidence, and testimony must be given under oath.

The statute also says the proceedings must be recorded. The respondent, the person named in the petition, may refuse to testify.

Which of them testify depends on the facts of your case and the court’s schedule. The petition itself tells the court who filed it and why, so it’s a good place to start.

The Petitioner and Family Members With Firsthand Knowledge

The petitioner and family members who saw the history firsthand are the witnesses who can describe it. A petition for an adult may be filed by a spouse or legal guardian, any relative, a service provider, or an adult with direct personal knowledge of the person’s substance abuse impairment and prior course of assessment and treatment, under § 397.68112.

That means a parent, sibling, adult child, or other relative can file. The petition must state the reason the petitioner believes the person is impaired, has lost the power of self-control with respect to substance abuse, and either has inflicted or is likely to inflict physical harm on self or others unless the court orders involuntary services, or refuses care because of judgment so impaired by substance abuse that the person is incapable of appreciating the need for care and of making a rational decision about it, according to § 397.68141.

At the hearing, the petitioner carries the burden. The petitioner has the burden of proving by clear and convincing evidence that the respondent is substance abuse impaired and has a history of lack of compliance with treatment for substance abuse, and that because of that impairment the respondent is unlikely to voluntarily participate in the recommended services or is unable to determine for himself or herself whether services are necessary, and either (1) without services the respondent is likely to suffer from neglect or refuse to care for himself or herself, that neglect or refusal poses a real and present threat of substantial harm to his or her well-being, and there is a substantial likelihood that without services the respondent will cause serious bodily harm to himself, herself, or another in the near future, as shown by recent behavior, or (2) the respondent’s refusal to voluntarily receive care is based on judgment so impaired by reason of substance abuse that the respondent is incapable of appreciating his or her need for care and of making a rational decision regarding that need for care, under § 397.6957.

Testimony works best when it sticks to what you saw yourself. Give dates, places, and specific events, such as a missed medical appointment or a refused ride to treatment. Specific events are easier for the judge to weigh than general statements about someone’s habits.

Professionals Who Assessed or Treated Your Loved One

A professional who examined the person can add evidence through the assessment the court reviews. The court must review the results of an assessment completed by a qualified professional.

A petition may come with a report from a qualified professional who examined the person within 30 days before filing. If no assessment happened, or the person refused one, the petition must say so, under § 397.68141. If the court orders an assessment, the qualified professional must file the clinical assessment with the clerk of the court no later than the ordinary close of business on the day before the hearing, under § 397.6957.

One rule on who questions witnesses is important. In J.C. v. State (Fla. 5th DCA 2020), the trial court called and examined the only witness while the petitioner was absent. The appeals court said that action “functions as the absent petitioner” and reversed. In C.W.R.K., the trial court failed to follow the governing statute when, in the absence of the petitioner, it called and questioned the health care professional who executed the involuntary services certificate.

That is Fifth District law, not a rule for the whole state. J.J.J. v. D.G. states: “we certify conflict with R.S., J.W., and C.W.R.K., for the reasons stated above. Affirmed; conflict certified.” Ask how the rule applies to the court handling your case.

Law Enforcement and Other Witnesses to Recent Conduct

Anyone who personally saw a recent incident can be asked to describe it under oath. Officers, neighbors, employers, or service providers with firsthand knowledge can all fit this role.

The statute says the court hears testimony “from individuals such as family members.” That wording is not limited to relatives. A witness should only describe what they saw or heard themselves.

Witnesses can also testify from a distance. Under § 397.6957, a witness may testify under oath by audio-video technology. That witness must give the parties all relevant documents by close of business the day before the hearing. Plan that deadline early.

If your relative has no stable housing, our guide on that situation explains more.

The Person Named in the Petition and Their Right to Be Heard

The respondent has the right to attend the hearing and to have a lawyer. The respondent must be present unless the court makes a specific finding allowing an absence.

Under § 397.6957, the court may excuse presence after a knowing, intelligent, and voluntary waiver. It may also excuse presence, after receiving proof of service and evaluating the circumstances of the case, if attending is inconsistent with the respondent’s best interests or likely to be injurious to self or others.

A respondent has the right to counsel at every stage. A respondent who cannot afford a private lawyer can get court-appointed counsel, under § 397.681. In Hillsborough County v. Albrechta (Fla. Dist. Ct. App. 2003), the court stated: “Because due process is implicated, we conclude that a defendant has a constitutional right to be represented by counsel in Marchman Act proceedings.” For more on that right, see our page on court-appointed counsel.

The process is built to hear both sides.

Written Evidence and Filings That Support Testimony

Written filings go into the court file, and the judge reads them alongside live testimony. The petition is filed with the clerk of the court in the county where the person is located. The clerk may not charge a fee to file it, under § 397.681.

The court must schedule the hearing within 10 court working days unless a continuance is granted, under § 397.68151. That short timeline is one reason to organize your notes before the hearing.

The court may also order drug tests, under § 397.6957. Petitions, court orders, and related records are confidential. Florida law, at § 397.6760, makes petitions for involuntary assessment and stabilization, court orders, and related records filed with a court in these cases confidential, and it allows the clerk of the court, upon request, to release them to the petitioner, the respondent, their attorneys, and the other persons and entities the statute names.

How to Prepare if You May Be Asked to Testify

Start by writing a dated timeline of what you saw yourself. Keep it separate from what others told you. Note the date, the place, and who else was there.

If a law, agency rule, or court rule or order requires a document to be verified, the signer may use the exact wording in § 92.525: “Under penalties of perjury, I declare that I have read the foregoing document and that the facts stated in it are true.” A person who knowingly makes a false declaration commits a third-degree felony under the same section.

Answer only the question asked. Say “I don’t know” or “I don’t remember” when that is true. Questions can be detailed, and lawyers for each side may ask them, so stay calm and speak plainly.

Feeling upset about a loved one’s situation is normal. The hearing focuses on the statute’s criteria, including whether the person has lost the power of self-control with respect to substance abuse, under § 397.675.

Frequently Asked Questions About Marchman Act Hearing Witnesses

Talk With Robinson Casey About Your Loved One’s Situation

Reading about a hearing where a loved one’s drinking or drug use will be discussed is hard. You may be trying to understand your own role before you decide anything.

If a court date is set and you may be asked to describe your relative’s history, you don’t have to work out the process alone. Robinson Casey focuses on Marchman Act petitions and guardianship matters for families across South Florida, including Miami-Dade, and statewide.

The initial consultation is free, confidential, and carries no obligation to continue. Call (561) 849-4149 to schedule, or contact Robinson Casey online. Richard J. Casey III, Esq. is the responsible lawyer for this page.