Rule 40-19. Prosecutorial Motion for Psychiatric Examination

In an appropriate case the judicial authority may, upon motion of the prosecuting authority, order the defendant to submit to a psychiatric examination by apsychiatristdesignated for thispurposeby theprosecuting authority. No statement made by the defendant in the course of any examination provided for bySections40-17through40-19,whethertheexamination shall be with or without the consent of the defendant, shall be admitted in evidence against the defendant on the issue of guilt in any criminal proceeding.Acopyofthereportof thepsychiatricexamination shall be furnished to the defendant within five days after the receipt thereof by the prosecuting authority.

Committee Notes

(P.B. 1978-1997, Sec. 760.)