Notice of an Insanity Defense; Mental Examination

(a) Notice of an Insanity Defense. A defendant who intends to as- sert a defense of insanity at the time of the alleged offense must so notify an attorney for the government in writing within the time provided for filing a pretrial motion, or at any later time the court sets, and file a copy of the notice with the clerk. A defend- ant who fails to do so cannot rely on an insanity defense. The court may, for good cause, allow the defendant to file the notice late, grant additional trial-preparation time, or make other ap- propriate orders. (b) Notice of Expert Evidence of a Mental Condition. If a defend- ant intends to introduce expert evidence relating to a mental dis- ease or defect or any other mental condition of the defendant bearing on either (1) the issue of guilt or (2) the issue of punish- ment in a capital case, the defendant must—within the time pro- vided for filing a pretrial motion or at any later time the court sets—notify an attorney for the government in writing of this in- tention and file a copy of the notice with the clerk. The court may, for good cause, allow the defendant to file the notice late, grant the parties additional trial-preparation time, or make other appropriate orders. (c) Mental Examination. (1) Authority to Order an Examination; Procedures. (A) The court may order the defendant to submit to a competency examination under 18 U.S.C. § 4241. (B) If the defendant provides notice under Rule 12.2(a), the court must, upon the government’s motion, order the defendant to be examined under 18 U.S.C. § 4242. If the de- fendant provides notice under Rule 12.2(b) the court may, upon the government’s motion, order the defendant to be examined under procedures ordered by the court. (2) Disclosing Results and Reports of Capital Sentencing Ex- amination. The results and reports of any examination con- ducted solely under Rule 12.2(c)(1) after notice under Rule 12.2(b)(2) must be sealed and must not be disclosed to any at- torney for the government or the defendant unless the defend- ant is found guilty of one or more capital crimes and the de- fendant confirms an intent to offer during sentencing proceed- ings expert evidence on mental condition. 23 FEDERAL RULES OF CRIMINAL PROCEDURE Rule 12.3 (3) Disclosing Results and Reports of the Defendant’s Expert Examination. After disclosure under Rule 12.2(c)(2) of the re- sults and reports of the government’s examination, the defend- ant must disclose to the government the results and reports of any examination on mental condition conducted by the de- fendant’s expert about which the defendant intends to intro- duce expert evidence. (4) Inadmissibility of a Defendant’s Statements. No statement made by a defendant in the course of any examination con- ducted under this rule (whether conducted with or without the defendant’s consent), no testimony by the expert based on the statement, and no other fruits of the statement may be admit- ted into evidence against the defendant in any criminal pro- ceeding except on an issue regarding mental condition on which the defendant: (A) has introduced evidence of incompetency or evidence requiring notice under Rule 12.2(a) or (b)(1), or (B) has introduced expert evidence in a capital sentenc- ing proceeding requiring notice under Rule 12.2(b)(2). (d) Failure to Comply. (1) Failure to Give Notice or to Submit to Examination. The court may exclude any expert evidence from the defendant on the issue of the defendant’s mental disease, mental defect, or any other mental condition bearing on the defendant’s guilt or the issue of punishment in a capital case if the defendant fails to: (A) give notice under Rule 12.2(b); or (B) submit to an examination when ordered under Rule 12.2(c). (2) Failure to Disclose. The court may exclude any expert evidence for which the defendant has failed to comply with the disclosure requirement of Rule 12.2(c)(3). (e) Inadmissibility of Withdrawn Intention. Evidence of an inten- tion as to which notice was given under Rule 12.2(a) or (b), later withdrawn, is not, in any civil or criminal proceeding, admissible against the person who gave notice of the intention. (As added Apr. 22, 1974, eff. Dec. 1, 1975; amended Pub. L. 94–64, § 3(14), July 31, 1975, 89 Stat. 373, eff. Dec. 1, 1975; Apr. 28, 1983, eff. Aug. 1, 1983; Pub. L. 98–473, title II, § 404, Oct. 12, 1984, 98 Stat. 2067; Pub. L. 98–596, § 11(a), (b), Oct. 30, 1984, 98 Stat. 3138, eff. Oct. 12, 1984; Apr. 29, 1985, eff. Aug. 1, 1985; Pub. L. 99–646, § 24, Nov. 10, 1986, 100 Stat. 3597; Mar. 9, 1987, eff. Aug. 1, 1987; Apr. 29, 2002, eff. Dec. 1, 2002; Apr. 25, 2005, eff. Dec. 1, 2005.)