23A-10-3.(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.
If a defendant intends to introduce expert testimony relating to mental illness or insanity relevant to the issue of whether he had the mental state required for the offense charged, he shall, not less than thirty days prior to the date set for trial or at any later time as the court may direct, notify the prosecuting attorney in writing of his intention and file a copy of the notice with the clerk of the court. The court may for cause shown allow late filing of the notice or grant additional time to the parties to prepare for trial or make any other order as is appropriate.
Source: SL 1978, ch 178, §125; SL 1983, ch 174, §9.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 10 - (Rule 12.2) Notice Of Mental Illness Defense
Section 23A-10-2 - Form of plea raising defense.
Section 23A-10-3 - (Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.
Section 23A-10-6 - Mistrial when defense raised without pleading--Subsequent trial.
Section 23A-10-7 - Independent psychiatric examination--Court approval--Notice--Cost.