Rule 20.03 - Disclosure of Reports and Records of Defendant's Mental ExaminationsSubd. 1.Disclosure Order. If a defendant notifies the prosecutor under Rule 9.02, subd. 1(5), of an intent to rely on the defense of mental illness or cognitive impairment, the court, on the prosecutor's motion with notice to defense counsel, may order the defendant to furnish to the court for in camera review or to the prosecutor copies of all medical reports and records previously or subsequently made concerning the defendant's mental condition that are relevant to the mental illness or cognitive impairment defense. The court must inspect any reports and records furnished to it, and if the court finds them relevant, order them disclosed to the prosecutor. Otherwise, they must be returned to the defendant. A subpoena duces tecum may be issued under Rule 22 if the defendant cannot comply with the court's disclosure order.
Subd. 2.Use of Reports and Records. Reports and records furnished to the prosecutor under Rule 20.03, subd. 1, and any evidence obtained from them, may be admitted in evidence only on the defense of mental illness or cognitive impairment when it is the sole defense, or during the mental illness or cognitive impairment phase when there are multiple defenses, as specified by Rule 20.02, subd. 7.Amended June 28, 2018, effective 9/1/2018.