77-14-3 - Testimony regarding mental state of defendant or another -- Notice requirements -- Right to examination. - Utah Statutes

77-14-3. Testimony regarding mental state of defendant or another -- Noticerequirements -- Right to examination.
(1) (a) If the prosecution or the defense intends to call any expert to testify at trial or atany hearing regarding the mental state of the defendant or another, the party intending to call theexpert shall give notice to the opposing party as soon as practicable but not less than 30 daysbefore trial or 10 days before any hearing at which the testimony is offered. Notice shall includethe name and address of the expert, the expert's curriculum vitae, and a copy of the expert'sreport.
(b) The expert shall prepare a written report relating to the proposed testimony. If theexpert has not prepared a report or the report does not adequately inform concerning thesubstance of the expert's proposed testimony including any opinion and the bases and reasons ofthat opinion, the party intending to call the expert shall provide a written explanation of theexpert's anticipated testimony sufficient to give the opposing party adequate notice to prepare tomeet the testimony, followed by a copy of any report prepared by the expert when available.
(2) As soon as practicable after receipt of the expert's report, the party receiving noticeshall provide notice to the other party of witnesses whom the party anticipates calling to rebut theexpert's testimony, including the name and address of any expert witness and the expert'scurriculum vitae. If available, a report of any rebuttal expert shall be provided. If the rebuttalexpert has not prepared a report or the report does not adequately inform concerning thesubstance of the expert's proposed rebuttal testimony, or in the event the witness is not an expert,the party intending to call the rebuttal witness shall provide a written explanation of the witness'santicipated rebuttal testimony sufficient to give the opposing party adequate notice to prepare tomeet the testimony, followed by a copy of any report prepared by any rebuttal expert whenavailable.
(3) If the prosecution or the defense proposes to introduce testimony of an expert whichis based upon personal contact, interview, observation, or psychological testing of the defendant,testimony of an expert involving a mental diagnosis of the defendant, or testimony of an expertthat the defendant does or does not fit a psychological or sociological profile, the opposing partyshall have a corresponding right to have its own expert examine and evaluate the defendant.
(4) This section applies to any trial, sentencing hearing, and other hearing, excluding apreliminary hearing, whether or not the defendant proposes to offer evidence of the defense ofinsanity or diminished mental capacity.
(5) If the defendant or the prosecution fails to meet the requirements of this section, theopposing party shall be entitled to a continuance of the trial or hearing sufficient to allowpreparation to meet the testimony. If the court finds that the failure to comply with this section isthe result of bad faith on the part of any party or attorney, the court shall impose appropriatesanctions.
(6) This section may not require the admission of evidence not otherwise admissible.

Amended by Chapter 139, 1994 General Session