W.R.Cr.P. 12.3

(a) Notice by defendant. — Upon written demand of the attorney for the

state, stating the time, date, and place at which the alleged offense was

committed, the defendant shall serve within 10 days, or at such different time

as the court may direct, upon the attorney for the state, a written notice of the

defendant’s intention to offer a defense of unconsciousness, automatism, or

traumatic automatism. Such notice by the defendant shall state with particu-

larity the facts upon which the defendant relies to justify the defense of

unconsciousness, automatism, or traumatic automatism and the name and

addresses of the witnesses upon whom the defendant intends to rely to

establish such defense.

(b) Examination of defendant. — Upon the filing of such notice by the

defendant, the court shall order an examination of the defendant by a

designated examiner. A written report of such examination shall be filed with

the clerk of court, and the report shall include detailed findings and an opinion

of the examiner as to whether the defendant did suffer from unconsciousness,

automatism, or traumatic automatism at the time of the alleged offense. The

clerk of court shall furnish copies of the report to the attorney for the state and

the defendant or the defendant’s counsel.

(c) Disclosure of information by state. — Within 10 days after the examiner’s

report is served upon the attorney for the state, but in no event not less than

10 days before trial unless the court otherwise directs, the attorney for the

state shall serve upon the defendant or the defendant’s attorney a written

notice stating the names and addresses of the witnesses upon whom the state

intends to rely to establish that the defendant did not, at the time of the alleged

offense, suffer from unconsciousness, automatism, or traumatic automatism

and any other witnesses, to be relied upon to rebut testimony of any of the

defendant’s witnesses relating to such a defense.

(d) Continuing duty to disclose. — If prior to or during trial, a party learns

of an additional witness whose identity, if known, should have been included in

the information furnished under subdivision (a) or (b) the party shall promptly

notify the other party or the attorney for the other party of the existence and

identity of such additional witness.

(e) Failure to comply. — Upon the failure of either party to comply with the

requirements of this rule, the court may exclude the testimony of any

undisclosed witness offered by such party as to the defense of unconsciousness,

automatism, or traumatic automatism. This rule shall not limit the right of the

defendant to testify on the defendant’s own behalf.

(f) Exceptions. — For good cause shown, the court may grant an exception to

any of the requirements of subdivisions (a) through (e).

(g) Inadmissibility of withdrawn defense. — Evidence of an intention to rely

upon the defense of unconsciousness, automatism, or traumatic automatism

later withdrawn, or of statements made in connection with such intention, is

not, in any civil or criminal proceeding, admissible against the person who

gave notice of the intention.