77-14-3. Testimony regarding mental state of defendant or another -- Notice
requirements -- Right to examination.
(1) (a) If the prosecution or the defense intends to call any expert to testify at trial or at
any hearing regarding the mental state of the defendant or another, the party intending to call the
expert shall give notice to the opposing party as soon as practicable but not less than 30 days
before trial or ten days before any hearing at which the testimony is offered. Notice shall include
the name and address of the expert, the expert's curriculum vitae, and a copy of the expert's
report.
(b) The expert shall prepare a written report relating to the proposed testimony. If the
expert has not prepared a report or the report does not adequately inform concerning the
substance of the expert's proposed testimony including any opinion and the bases and reasons of
that opinion, the party intending to call the expert shall provide a written explanation of the
expert's anticipated testimony sufficient to give the opposing party adequate notice to prepare to
meet the testimony, followed by a copy of any report prepared by the expert when available.
(2) As soon as practicable after receipt of the expert's report, the party receiving notice
shall provide notice to the other party of witnesses whom the party anticipates calling to rebut the
expert's testimony, including the name and address of any expert witness and the expert's
curriculum vitae. If available, a report of any rebuttal expert shall be provided. If the rebuttal
expert has not prepared a report or the report does not adequately inform concerning the
substance of the expert's proposed rebuttal testimony, or in the event the witness is not an expert,
the party intending to call the rebuttal witness shall provide a written explanation of the witness's
anticipated rebuttal testimony sufficient to give the opposing party adequate notice to prepare to
meet the testimony, followed by a copy of any report prepared by any rebuttal expert when
available.
(3) If the prosecution or the defense proposes to introduce testimony of an expert which
is based upon personal contact, interview, observation, or psychological testing of the defendant,
testimony of an expert involving a mental diagnosis of the defendant, or testimony of an expert
that the defendant does or does not fit a psychological or sociological profile, the opposing party
shall have a corresponding right to have its own expert examine and evaluate the defendant.
(4) This section applies to any trial, sentencing hearing, and other hearing, excluding a
preliminary hearing, whether or not the defendant proposes to offer evidence of the defense of
insanity or diminished mental capacity.
(5) If the defendant or the prosecution fails to meet the requirements of this section, the
opposing party shall be entitled to a continuance of the trial or hearing sufficient to allow
preparation to meet the testimony. If the court finds that the failure to comply with this section is
the result of bad faith on the part of any party or attorney, the court shall impose appropriate
sanctions.
(6) This section may not require the admission of evidence not otherwise admissible.
Amended by Chapter 139, 1994 General Session
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Last revised: Thursday, May 28, 2009