2023 Laws of Puerto Rico › TITLE THIRTY-FOUR Appendix - Rules of Court (§§ 10.5 — 173) › II - Rules of Criminal Procedure (§ 173) › Chapter VII - MOTIONS BEFORE TRIAL AND PLEAS › Rule 74 - PLEA OF NOT GUILTY; NOTICE OF PLEA OF INSANITY OR ALIBI

When the defendant enters a plea of not guilty or intends to establish a defense based on transitory mental defect or insanity at the time of the alleged commission of the offense he/she is charged with, or when the defense is an alibi, he/she must file notice to that effect with the Court of First Instance, with notice to the prosecution within twenty (20) days following the reading of the charges in cases where said act must be held. When copy of the charges has been personally delivered to the defendant, the term for filing said motions shall not be of more that twenty (20) days from the moment the defendant has responded. When the defendant has not responded, the term shall not be of more than twenty (20) after the plea of not guilty is registered. In cases of misdemeanors to which the right to a jury trial does not apply, the notice to the prosecution shall be submitted at least twenty (20) days prior to trial.
A defendant who wishes to enter a plea of insanity or transitory mental defect shall provide the following information to the Justice Department at the time the plea is entered:
(a) The witnesses he/she intends to call to establish a plea of insanity or transitory mental defect.
(b) The address of said witnesses.
(c) The documents he/she intends to introduce to uphold the plea, submitting a copy thereof; and if not in his/her possession, in whose possession said documents are, authorizing that they be photocopied.
(d) The hospital or hospitals where he/she received treatment and the dates on which he/she received said treatment.
(e) Doctors or physicians who had treated or attended to the defendant in relation to his/her insanity or transitory mental defect condition.
The defendant who wishes to establish an alibi as defense shall provide to the prosecution at the time of entering the same, the following information:
(a) The place where the defendant was on the date and at the time the offense was committed.
(b) From what hour was the defendant at that place.
(c) Until what hour was the defendant at that place.
(d) Indicate what documents, writings, photographs or papers he/she intends to introduce to establish his/her alibi, submitting a copy thereof; and if not in his/her possession, in whose possession said documents are, authorizing that they be photocopied.
The prosecution shall have the reciprocal obligation of informing the defendant as to the name and address of the witnesses and the documents it intends to introduce to refute the alibi or the plea of insanity or transitory mental defect.
In both cases, if the defendant or the prosecution fails to comply with said notice or to supply the information required, they shall not be entitled to provide said evidence. The court may, however, permit that said evidence be offered when the existence of justified cause for having omitted the presentation of the notice or the information is demonstrated. In such cases the court may decree the postponement of the trial or provide any other adequate remedy.
History —May 29, 1984, No. 30, p. 65; July 5, 1988, No. 65, p. 292, § 4; Dec. 25, 2002, No. 298, § 1; Sept. 15, 2004, No. 317, § 10.