South Dakota Codified Laws 23A-10-3. (Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mentalcondition–Additional time allowed
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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.
Terms Used In South Dakota Codified Laws 23A-10-3
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
Source: SL 1978, ch 178, § 125; SL 1983, ch 174, § 9.