TO: Joint Procedure Committee
FROM: Mike Hagburg
RE: Rule 12.2, N.D.R.Crim.P., Notice of Defense Based on Mental Condition
Form and style amendments to the Federal Rules of Criminal Procedure took effect December 1, 2002. Attached are proposed amendments to N.D.R.Crim.P. 12.2 which are in the spirit of the federal form and style amendments. The primary purpose of the amendments are to make the rule easier to navigate and understand.
Rule 12.2 tracks the federal rule closely, so the proposed amendments track the federal amendments closely. One area where material is added to Rule 12.2 is on lines 32-33 where protection against the use of defendant statements during mental examinations is somewhat expanded and on lines 34-35 where a limitation is placed on this expanded protection.
On line 44, reference to administrative proceedings is added to track the similar reference on line 34.
Amendments to the explanatory note are also proposed, both to explain the changes to the rule text and to eliminate what seem to be obsolete items.
The proposed amendments to Rule 12.2 are attached.