P.R. Laws Ap. tit. 34A, § 1–A, Rule 6.5

2019-02-21 00:00:00+00
Rule 6.5. Mental disability or alibi defenses; notice

(a) When the minor intends to establish the defense of mental disability at the time of the alleged perpetration of the offense charged against him, or the defense of alibi, he shall file a notice to that effect with the court, serving a like notice on the Prosecutor, at least ten (10) days prior to the adjudicative hearing. The notice shall include the following details:

(1) Regarding mental disability defense, the name and address of all witnesses and a list of all documents, writings or papers to be used in establishing said defense, excluding therefrom any testimony of the minor, and also informing who is the holder of such documents, writings or papers.

(2) Regarding alibi defense, the name and address of all witnesses and a list of documents, writings or papers to be used in establishing said alibi defense, and also informing who is the holder of such documents, writings or papers; and informing, besides, about the place where the minor was at the state and hour when the offense was perpetrated, and since what time the minor was at that place and until what time he had been there.

(b) The information thus furnished by the minor shall convey the reciprocal obligation of the Prosecutor of informing the minor regarding the name and address of the witness he intends to use to rebut the alibi or mental disability defense.

(c) If the minor or Prosecutor does not comply with said required notice or information, they will not be entitled to introduce such facts in evidence.

The court may allow said evidence to be introduced at the adjudicative hearing, when justified cause is demonstrated for the omission of such notice or information.

In these latter cases the court may order the continuance of the adjudicative hearing or provide any other adequate remedy.