Rule 40-13B. Notice by Prosecuting Authority of Intention To Use Prior Uncharged Sexual Misconduct Involving a Person Other Than the Victim in Sexual Assault Cases

If the prosecuting authority intends to introduce evidence of prior uncharged sexual misconduct pursuant to § 4-5 (b) of the Connecticut Code of Evidence involving a person other than the victim(s) in a sexual assault prosecution, the state shall provide notice to the defendant of its intent to use such evidence as soon as practicable, but in no event less than fifteen days before trial or at such later time as the judicial authority may direct for good cause. The state shall file a copy of such notice with the clerk. Along with such notice, the prosecuting authority shall provide to the defendant a disclosure which identifies each proposed witness by name and date of birth and shall include all such witnesses' statements, if any, and a summary of their expected testimony. Any proposed witness whose identity is subject to the protections of the confidentiality provisions of General Statutes § 54-86e shall be identified in accordance with the statute. The judicial authority may for good cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make such other order as may be appropriate. When late notice is provided upon a finding of good cause, the court should implement measures to ensure that the defendant is not prejudiced by the late disclosure. At trial, the state shall make an offer of proof outside the presence of the jury of each such witness's proposed trial testimony. A variance between the offer of proof and the state's disclosure shall not serve as the basis for excluding such testimony if the court, in its discretion, determines that such variance is immaterial or has not unfairly surprised the defense.