RULE 3.812. HEARING ON INSANITY AT TIME OF
EXECUTION: CAPITAL CASES

(a) Hearing on Insanity to Be Executed. The hearing on
the prisoner’s insanity to be executed shall not be a review of the
governor’s determination, but shall be a hearing de novo.

(b) Issue at Hearing. At the hearing the issue shall be
whether the prisoner presently meets the criteria for insanity at
time of execution, that is, whether the prisoner lacks the mental
capacity to understand the fact of the pending execution and the
reason for it.

(c) Procedure. The court may do any of the following as may
be appropriate and adequate for a just resolution of the issues
raised:

(1) require the presence of the prisoner at the hearing;
(2) appoint no more than 3 disinterested mental health
experts to examine the prisoner with respect to the criteria for
insanity to be executed and to report their findings and conclusions
to the court; or

(3) enter such other orders as may be appropriate to
effectuate a speedy and just resolution of the issues raised.

(d) Evidence. At hearings held pursuant to this rule, the
court may admit such evidence as the court deems relevant to the
issues, including but not limited to the reports of expert witnesses,
and the court shall not be strictly bound by the rules of evidence.

(e) Order. If, at the conclusion of the hearing, the court shall
find, by clear and convincing evidence, that the prisoner is insane
to be executed, the court shall enter its order continuing the stay of
the death warrant; otherwise, the court shall deny the motion and
enter its order dissolving the stay of execution.