Ky. Rev. Stat. » Chapter 504
Kentucky Revised Statutes

Ky. Rev. Stat. § 504.070 (2026)

Evidence by defendant of mental illness or insanity -- Examination by

✓ current as of May 2026
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psychologist or psychiatrist by court appointment -- Rebuttal by prosecution.

(1) A defendant who intends to introduce evidence of his or her:

(a) Mental illness or intellectual disability bearing on the issue of guilt, punishment, or both; or

(b) Insanity at the time of the offense; shall file written notice of his or her intention at least ninety (90) days before trial.

(2) The prosecution shall be granted reasonable time to move for examination of the defendant, or the court may order an examination on its own motion.

(3) If the court orders an examination, the defendant shall be examined and his or her mental condition reported, as provided in KRS 504.080. If it appears the examination will not be completed before the trial date, the court may, on its own motion or on motion of either party, postpone the trial date until after the examination.

(4) No less than ten (10) days before trial, the prosecution shall file the names and addresses of witnesses it proposes to offer in rebuttal along with reports prepared by its witnesses. Effective: July 15, 2024 History: Amended 2024 Ky. Acts ch. 138, sec. 3, effective July 15, 2024. -- Created 1982 Ky. Acts ch. 113, sec. 2, effective July 15, 1982. Legislative Research Commission Note (7/15/2024). 2024 Ky. Acts ch. 138, sec. 7, provides that the Act, which amended this section and KRS 311.631, 504.060, 504.080, 504.100, and 504.110, may be cited as Seth's Law.

Notes of Decisions
Cited in 21 cases (2 in the last 5 years), 1984–2025 · leading case: Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003).
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Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). · cites it 10× “Nothing else was discussed except scheduling problems related to Caudill's last-minute notice (exactly twenty days before the trial date of February 7, 2000) of her intention to introduce evidence of mental illness, KRS 504.070(1), the Commonwealth's failure to complete the…”
Woodall v. Commonwealth, 63 S.W.3d 104 (Ky. 2002). · cites it 6× “Mental Health Evaluation by KCPC Woodall contends that the trial judge was not authorized by KRS 504.070, RCr 7.24 or by the decision of the prosecutor to seek death, to order that an evaluation be conducted by KCPC with regard to the mitigating evidence of I.”
Bishop v. Caudill, 118 S.W.3d 159 (Ky. 2003). · cites it 4× “" In contrast, KRS 504.070, which pertains to evidence of mental illness or insanity, provides: (1) A defendant who intends to introduce evidence of his mental illness or insanity at the time of the offense shall file written notice of his intention at least twenty (20) days…”
Harris v. Commonwealth, 793 S.W.2d 802 (Ky. 1990). · cites it 4× “Appellant argues that since he was offering the testimony in the sentencing phase for purposes of mitigation, and not as a defense to the crime, the notice provisions of KRS 504.070 should not apply. In all cases for which the death penalty may be authorized, KRS 532.”
Pendleton v. Commonwealth, 685 S.W.2d 549 (Ky. 1985). · cites it 2× “KRS 504.070 requires that if expert opinion evidence on mental condition is to be admitted, such a notice must be filed.”
Coffey v. Messer, 945 S.W.2d 944 (Ky. 1997). · cites it 4× “Appellant first asserts that KRS 504.070 authorizes the Commonwealth to obtain a mental health examination only if the defendant gives notice of his intention to introduce expert testimony relating to a defense of insanity or mental illness.”
McGuire v. Commonwealth, 885 S.W.2d 931 (Ky. 1994). · cites it 2× “100) and on appointing an expert if the defendant files notice he intends to introduce evidence of mental illness or insanity at the time of the offense (KRS 504.070), both specify “the court shall appoint at least one (1) psychologist or psychiatrist to examine, treat and…”
Todd v. Commonwealth, 716 S.W.2d 242 (Ky. 1986). · cites it 2× “Todd is entitled to reasonably necessary expert assistance; however, was he aggrieved when state facilities were available to and actually used by him? Thereafter, Appellant renewed his request for private examination, citing the fact that the state report had not addressed the…”
Mills v. Commonwealth, 996 S.W.2d 473 (Ky. 1999). “WAIVER OF COMPETENCY HEARING On November 7, 1995, Mills filed notice of his intention to introduce evidence concerning mental illness, insanity, or mental defect pursuant to KRS 504.070. One month later, the trial court entered an order of psychiatric evaluation which required a…”
Commonwealth v. Wooten, 269 S.W.3d 857 (Ky. 2008). · cites it 2× “The Bishop Court distinguished between the functions of mental health experts for determinations relative to the defense of mental illness or insanity (KRS 504.070) and for determinations of competency (KRS 504.”
Cain v. Abramson, 220 S.W.3d 276 (Ky. 2007). · cites it 2× “In response, the Commonwealth filed a motion pursuant to KRS 504.070 and RCr 7.24(3)(B)(ii) to have Cain submit to a psychiatric examination to be conducted by the Commonwealth’s expert on the issue of criminal responsibility.”
Weaver v. Commonwealth, 298 S.W.3d 851 (Ky. 2009). · cites it 2× “" *853 The Commonwealth asserted that it could not comply with the requirement of KRS 504.070(4) that it provide ten days' notice of rebuttal witnesses because of the late disclosure of Dr.”
Show all 21 citing cases →
— Ky. Rev. Stat. § 504.070(1) — 7 cases
Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). “Nothing else was discussed except scheduling problems related to Caudill's last-minute notice (exactly twenty days before the trial date of February 7, 2000) of her intention to introduce evidence of mental illness, KRS 504.070(1), the Commonwealth's failure to complete the…”
Harris v. Commonwealth, 793 S.W.2d 802 (Ky. 1990). “Appellant argues that since he was offering the testimony in the sentencing phase for purposes of mitigation, and not as a defense to the crime, the notice provisions of KRS 504.070 should not apply. In all cases for which the death penalty may be authorized, KRS 532.”
Todd v. Commonwealth, 716 S.W.2d 242 (Ky. 1986). “Todd is entitled to reasonably necessary expert assistance; however, was he aggrieved when state facilities were available to and actually used by him? Thereafter, Appellant renewed his request for private examination, citing the fact that the state report had not addressed the…”
Coffey v. Messer, 945 S.W.2d 944 (Ky. 1997). “Appellant first asserts that KRS 504.070 authorizes the Commonwealth to obtain a mental health examination only if the defendant gives notice of his intention to introduce expert testimony relating to a defense of insanity or mental illness.”
Stanford v. Commonwealth, 793 S.W.2d 112 (Ky. 1990).
— Ky. Rev. Stat. § 504.070(2) — 1 case
Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). “Nothing else was discussed except scheduling problems related to Caudill's last-minute notice (exactly twenty days before the trial date of February 7, 2000) of her intention to introduce evidence of mental illness, KRS 504.070(1), the Commonwealth's failure to complete the…”
— Ky. Rev. Stat. § 504.070(3) — 1 case
Thomas R. Moore v. Commonwealth of Kentucky (Ky. 2025).
— Ky. Rev. Stat. § 504.070(4) — 3 cases
Caudill v. Commonwealth, 120 S.W.3d 635 (Ky. 2003). “Nothing else was discussed except scheduling problems related to Caudill's last-minute notice (exactly twenty days before the trial date of February 7, 2000) of her intention to introduce evidence of mental illness, KRS 504.070(1), the Commonwealth's failure to complete the…”
Weaver v. Commonwealth, 298 S.W.3d 851 (Ky. 2009). “" *853 The Commonwealth asserted that it could not comply with the requirement of KRS 504.070(4) that it provide ten days' notice of rebuttal witnesses because of the late disclosure of Dr.”
Posey v. Commonwealth, 664 S.W.2d 203 (Ky. 1984).
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