Oregon Revised Statutes Chapter 161 § 161.309 — Notice

Notice of mental defense; when report required; contents of report; plea. (1) The defendant may not introduce evidence on the issue of insanity under ORS 161.295, unless the defendant: (a) Gives notice of intent to do so in the manner provided in subsection (3) of this section; and (b) Files with the court a report of a psychiatric or psychological evaluation, conducted by a certified evaluator, in the manner provided in subsection (4) of this section. (2) The defendant may not introduce in the case in chief expert testimony regarding partial responsibility or diminished capacity under ORS 161.300 unless the defendant gives notice of intent to do so in the manner provided in subsection (3) of this section. (3)(a) A defendant who is required under subsection (1) or (2) of this section to give notice shall file a written notice of purpose at least 45 days before trial. (b) Notwithstanding paragraph (a) of this subsection, the court may, for good cause, permit the defendant to file the notice within 45 days before trial. (c) If the defendant fails to file notice under this subsection, the defendant may not introduce evidence for the establishment of a defense under ORS 161.295 or