Notice Of Defense Based On Mental Condition; Mental Examination

(a) Notice of Lack of Criminal Responsibility by Reason of Mental Disease or Defect Defense. A defendant who intends to assert a defense of lack of criminal responsibility by reason of mental disease or defect at the time of the alleged offense must so notify the prosecuting attorney in writing and file the notice within the time provided for filing a pretrial motion or at any later time the court sets. A defendant who fails to do so cannot later rely on the defense of lack of criminal responsibility. The court may, for good cause, allow the defendant to file the notice late, grant additional trial-preparation time, or make other appropriate orders. (b) Notice of Expert Evidence of Mental Disease or Defect Inconsistent With the Mental Element Required for the Offense Charged. If a defendant intends to introduce expert evidence relating to a mental disease or defect or any other mental condition of the defendant bearing on the issue of whether the defendant had the mental state required for the offense charged, the defendant must—within the time provided for filing a pretrial motion or at any later time the court sets—notify the prosecuting attorney in writing of this intention and file the notice. 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. In an appropriate case the court may, upon motion of the prosecuting attorney, order the defendant to submit to an examination by one or more mental health professionals retained by the prosecuting attorney. (2) Inadmissibility of a Defendant's Statements. No statement made by a defendant in the course of any examination conducted under this rule (whether conducted with or without the defendant's consent), no testimony based on the statement, and no other fruits of the statement may be admitted in evidence against the accused in any criminal, civil, or administrative proceeding except on an issue regarding mental condition on which the defendant has introduced evidence. (d) Failure to Comply. If the defendant fails to give notice under Rule 12.2(b) or does not submit to an examination when ordered under Rule 12.2(c), 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. (e) Inadmissibility of Withdrawn Intention. Evidence of an intention of which notice was given under Rule 12.2(a) or (b), later withdrawn, is not, in any civil, criminal, or administrative proceeding, admissible against the person who gave notice of the intention.