Rule 5-602. Insanity; lack of capacity.

A. Defense of insanity. (1) Notice of the defense of “not guilty by reason of insanity at the time of commission of an offense” must be given at the arraignment or within twenty (20) days thereafter, unless upon good cause shown the court waives the time requirement of this rule. (2) When the defense of “not guilty by reason of insanity at the time of commission of an offense” is raised, the issue shall be determined in nonjury trials by the court and in jury trials by a special verdict of the jury. If the defendant is acquitted on the ground of insanity, a judgment of acquittal shall be entered, and any proceedings for commitment of the defendant because of any mental disorder or developmental disability shall be pursuant to law as provided in the Mental Health and Developmental Disabilities Code, Sections 43-1-1 to -19 NMSA 1978. B. Notice of incapacity to form specific intent. If the defense intends to call an expert witness on the issue of whether the defendant was incapable of forming the specific intent required as an element of the crime charged, notice of such intention shall be given at the time of arraignment or within twenty (20) days thereafter, unless upon good cause shown, the court waives the time requirement of this rule.