Rule 40-17. Defense of Mental Disease or Defect or Extreme Emotional Disturbance; Notice by Defendant

If a defendant intends to rely upon the affirmative defense of mental disease or defect or of extreme emotional disturbance at the time of the alleged crime, the defendant shall, not later than forty-five days after the first pretrial conference in the court where the case will be tried or at such later time as thejudicialauthoritymaydirect,notify theprosecuting authority in writing of such intention and file a copy of such notice with the clerk. If there is a failure to comply with the requirements of this rule, such affirmative defenses may not be raised. The judicial authority may for 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.

Committee Notes

(P.B. 1978-1997, Sec. 758.)