Current through Register Vol. 54, No. 49, December 7, 2024
Rule 841 - Notice of Mental Retardation Precluding Imposition of Sentence of Death(A) Notice of Mental Retardation Precluding Imposition of a Sentence of Death A defendant who intends to offer evidence of mental retardation that would preclude the imposition of a sentence of death shall file with the clerk of courts not later than 90 days after arraignment, or within such other time as allowed by the court upon cause shown, a notice of the intention to offer the evidence and certification of service on the attorney for the Commonwealth.
(1) The notice and certification shall be signed by the attorney for the defendant or the defendant if unrepresented.(2) The notice shall contain specific available information as to the nature and extent of the alleged mental retardation and the names and addresses of witnesses, expert or otherwise, whom the defendant intends to call to establish mental retardation.(B) Notice of Expert Evidence of Mental Retardation A defendant who intends to introduce expert evidence relating to mental retardation that would preclude imposition of a sentence of death shall file with the clerk of courts not later than 90 days after arraignment, or within such other time as allowed by the court upon cause shown, a notice of the intention to offer the expert evidence and a certification of service on the attorney for the Commonwealth.
(1) The notice and certification shall be signed by the attorney for the defendant or the defendant if unrepresented.(2) The notice shall contain specific available information as to the nature and extent of the alleged mental retardation, and the names and addresses of the expert witness(es) whose evidence the defendant intends to introduce.(C) Reciprocal Notice of Witnesses Within 30 days after receipt of the defendant's notice of mental retardation that would preclude the imposition of a sentence of death or notice of expert evidence of mental retardation or within such other time as allowed by the court upon cause shown, the attorney for the Commonwealth shall file and serve upon the defendant's attorney, or the defendant if unrepresented, written notice of the names and addresses of all witnesses the attorney for the Commonwealth intends to call to disprove or discredit the defendant's claim of mental retardation.
(D) If prior to or during trial a party learns of an additional witness or additional information which, if known, should have been included in the notice furnished under paragraphs (A), (B), or (C), the party shall promptly notify the other party's attorney, or if unrepresented, the other party, of the existence and identity of such additional witness.(E) After docketing the notice, the clerk of courts immediately shall transmit the notice to the trial judge.The provisions of this Rule 841 adopted July 31, 2013, effective 10/1/2013, 43 Pa.B. 4715.