Rule 31.5.Notice of Intention of Defense to Raise Issue of Insanity, Mental Illness, or Intellectual Disability at the Time of the Act

Rule 31. MOTIONS, DEMURRERS, SPECIAL PLEAS, AND SIMILAR ITEMS IN CRIMINAL MATTERS · Last amended 2017 · Last verified July 17, 2026

In one sentenceRule 31.5 requires a defendant who intends to raise insanity, mental illness, or intellectual disability at the time of the charged act to file and serve, under Rule 31.1’s deadline, a written Notice of Intent, lets the judge order a Department of Behavioral Health and Developmental Disabilities evaluation of criminal responsibility on the defense’s motion, and bars the issue from trial without that notice absent good cause.

Full Text of Rule 31.5

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(A) If, in any criminal proceeding, the defense intends to raise the issue that the defendant or accused was insane, mentally ill, or intellectually disabled at the time of the act or acts charged against the accused, by using expert or non-expert evidence, such intention must be stated, in writing, in a pleading denominated as “Notice of Intent of Defense to Raise Issue of Insanity, Mental Illness, or Intellectual Disability.” This notice shall be filed and served upon the prosecuting attorney in accordance with Rule 31.1. Upon the filing of such notice, the judge shall determine from the prosecuting attorney and the defense attorney whether such issue requires any further mental examination of the accused or any further non-jury hearing relative to this issue.

Upon defense motion, the judge may enter an order requiring a mental evaluation of the defendant for the purposes of evaluating the degree of criminal responsibility or insanity at the time of the act in question. The judge may direct the Department of Behavioral Health and Developmental Disabilities to perform the evaluation at a time and place to be set by the department in cooperation with the county sheriff. A copy of the order shall be forwarded to the department accompanied by a copy of the indictment, accusation, or specification of charges, a copy of the police arrest report, where available, a copy of the defendant’s Notice of Intent of Defense to Raise Issue of Insanity, Mental Illness, or Intellectual Disability if filed, and a brief summary of any known or alleged previous mental health treatment or hospitalization involving this particular person. Any other background information available to the court shall also be forwarded to the evaluating department to assist in performing adequately the requested services. Unless otherwise ordered by the court, the department shall submit its report to the requesting judge and the defendant’s attorney. Contemporaneous with filing the Notice of Intent of Defense to Raise Issue of Insanity, defendant’s attorney shall provide a copy of the report to the prosecuting attorney and shall so certify in writing attached to the notice.

(B) Except for good cause shown, the issue of insanity shall not be raised in the trial on the merits unless notice has been filed and served ahead of trial as provided in these rules.

(C) A copy of a suggested order is attached as Specimen Order for Mental Evaluation re: Degree of Criminal Responsibility or Insanity at the Time of the Act.

IN THE SUPERIOR COURT OF _______ COUNTY STATE OF GEORGIA

THE STATE OF GEORGIA )

v. ) ___________________, ) INDICTMENT NO.

)

) CHARGE(S):

)

ORDER FOR MENTAL EVALUATION re: DEGREE OF CRIMINAL RESPONSIBILITY OR INSANITY

AT THE TIME OF THE ACT

WHEREAS, the defendant’s sanity at the time of the act has been called into question, and evidence presented in the matter, and this court has found that it is appropriate for an evaluation to be conducted at public expense;

IT IS HEREBY ORDERED that the Department of Behavioral Health and Developmental Disabilities conduct an evaluation of the defendant, provide treatment of the defendant, if appropriate, and provide to this court a report of diagnosis, prognosis and its findings, with respect to:

Degree of Criminal Responsibility or Insanity at the Time of the Act. Whether or not the accused had the mental capacity to distinguish right from wrong in relation to the alleged act; or whether or not the presence of a delusional compulsion overmastered the accused’s will to resist committing the alleged act.

IT IS FURTHER ORDERED that the department arrange with the county sheriff, or the sheriff’s lawful deputies, for the prompt evaluation of said defendant, either at the county jail or at a specified hospital, with transportation costs to be borne by the county. Upon completion of the evaluation, the evaluating facility shall notify the sheriff, who shall promptly reassume custody of the accused. The department shall submit its report to the requesting judge and the defendant’s attorney. Contemporaneous with filing the Notice of Intent of Defense to Raise Issue of Insanity, defendant’s attorney shall provide a copy of the report to the prosecuting attorney and shall so certify in writing attached to the notice.

Copies of documents supporting this request are attached hereto, as follows: ( ) Indictment/Accusation ( ) Summary of previous mental health treatment and prior mental health records ( ) Copy of arrest report ( ) Other _____________________________________

So ordered, this the ____ day of ______, 20____.

________________________ JUDGE, SUPERIOR COURT ________________________ JUDICIAL CIRCUIT, GEORGIA

SPECIMEN ORDER FOR MENTAL EVALUATION re: DEGREE OF CRIMINAL RESPONSIBILITY OR INSANITY

AT THE TIME OF THE ACT

End

Plain-English Summary

Rule 31.5 addresses a different question than the competency evaluation covered in Rule 31.4: not whether the defendant can currently stand trial, but whether the defendant was insane, mentally ill, or intellectually disabled at the time of the alleged act itself. If the defense intends to raise that issue at trial through expert or non-expert evidence, it must say so in advance, in a written pleading titled “Notice of Intent of Defense to Raise Issue of Insanity, Mental Illness, or Intellectual Disability,” filed and served on the prosecuting attorney under Rule 31.1’s deadline. Once that notice is filed, the judge confers with both the prosecuting attorney and defense counsel to decide whether the issue calls for a further mental examination or a non-jury hearing.

On the defense’s motion, the judge may order the Department of Behavioral Health and Developmental Disabilities to evaluate the defendant’s degree of criminal responsibility or insanity at the time of the act, coordinating the time and place with the county sheriff. The order goes to the Department along with the indictment, accusation, or specification of charges, the police arrest report where available, a copy of the defendant’s notice, a summary of any known or alleged prior mental health treatment or hospitalization, and any other background material the court has. The Department reports back to the judge and to defense counsel, and when the notice is filed, defense counsel must send a copy of that report to the prosecuting attorney and certify in writing, attached to the notice, that it was sent.

Rule 31.5 backs the notice requirement with a real consequence: except for good cause shown, the defense cannot raise insanity at trial on the merits without having filed and served the notice ahead of time. The rule attaches a specimen order for the evaluation, framing the question the Department must answer as whether the defendant could distinguish right from wrong in relation to the alleged act, or whether a delusional compulsion overmastered the defendant’s will to resist committing it.

Frequently Asked Questions

What must the defense file before raising insanity, mental illness, or intellectual disability as it existed at the time of the alleged act?

A written “Notice of Intent of Defense to Raise Issue of Insanity, Mental Illness, or Intellectual Disability,” filed and served on the prosecuting attorney in accordance with Rule 31.1.

How does Rule 31.5’s notice differ from the competency evaluation process in Rule 31.4?

Rule 31.4 addresses whether the defendant can presently understand and participate in the proceedings, while Rule 31.5 addresses whether the defendant was insane, mentally ill, or intellectually disabled at the time of the alleged act — a separate question. Both evaluations are ordered on motion; what sets Rule 31.5 apart is that the defense must also file and serve a written Notice of Intent before it may raise the underlying insanity issue at trial.

What happens once the defense files the Notice of Intent?

The judge determines from the prosecuting attorney and defense attorney whether the issue requires any further mental examination of the accused or any further non-jury hearing relative to the issue.

What must be forwarded to the Department of Behavioral Health and Developmental Disabilities when the judge orders an evaluation under Rule 31.5?

A copy of the order, the indictment, accusation, or specification of charges, the police arrest report where available, a copy of the defendant’s notice, a summary of any known or alleged prior mental health treatment or hospitalization, and any other background information available to the court.

Can the defense raise insanity at trial without having filed the notice?

Except for good cause shown, the issue of insanity may not be raised in the trial on the merits unless notice has been filed and served ahead of trial as the rule requires.

Amendment History

Amended effective October 9, 1997; November 10, 2005; July 13, 2017.

Source & verification. Rule text and amendment history are reproduced verbatim from the Uniform Superior Court Rules, published by the Council of Superior Court Judges of Georgia. Last verified July 17, 2026. · Official source

Also known as: Georgia insanity defense noticeUSCR Rule 31.5notice of intent to raise insanity Georgiacriminal responsibility at time of act evaluationmental illness defense notice Georgia superior courtintellectual disability defense notice