By general order, Local Rule 73.6 is amended to add
subsection (j). It will become effective April 15, 1994. The period for public comment
is from now until April 1, 1994. Anyone with any comment should write the Chief
Judge, U.S. District Court, 940 Front Street, San Diego, CA 92101-8906.
The defendant shall give notice to the attorney for
the government and the court of the defendant’s intention to (1) rely on the defense
of insanity, or (2) introduce expert testimony of mental disease, defect, or condition
pursuant to Federal Rule of Criminal Procedure 12.2(a) or (b).
The defendant’s notice shall be in writing and shall
contain the following disclosures: (1) the name, address, telephone number and field
or expertise of the expert(s) who will testify at trial, (2) the date of the examination(s),
(3) a summary of the examination(s), and (4) the results of the examination(s),
including diagnosis (diagnoses). Unless excused by the court, the defendant shall
have each expert prepare a report and shall attach a copy of the report(s) of the
expert(s) to the notice.
The defendant’s notice shall be served on the attorney
for the government and filed with the court within the time provided for the filing
of pretrial motions. The court may for cause shown allow late filing of pretrial
motions. The court may for cause shown allow late filing of the notice, but shall
not set the time for the filing of notice less than ten (10) court days prior to
the trial, except upon a finding of necessity as well as good cause.
In the event that the government causes the defendant
to be examined by one or more psychiatrists or experts in response to defendant’s
notice or otherwise, within ten (10) days of the receipt of the report(s) of said
psychiatrist(s) or experts, and in any event no later than five (5) days before
trial, the attorney for the government shall serve upon the attorney for the defendant
and file with the court notice of the government’s intention to introduce expert
medical testimony in rebuttal. This requirement is conditioned upon defendant first
having complied with the obligations imposed by this order. The court may for good
cause shown allow late filing of notice.
The government’s notice shall be in writing and shall
contain the following disclosures: (1) the name, address, telephone number, and
field of expertise of the expert(s) who examined the defendant and who will testify
at trial, (2) the date of the examination(s), (3) a summary of the examination(s),
and (4) the results of the examination(s), including the diagnosis (diagnoses).
Unless excused by the court, the government shall have each expert prepare a report
and shall attach a copy of the report(s) of the expert(s) to the notice.
Failure to comply with this local rule can result in
the court disallowing the expert(s) from testifying.
IT IS SO ORDERED.
DATED: May 9, 1994
FILED: May 10, 1994.