State of Alabama  
Unified Judicial System  

Form CR-38

Rev.11/96 

MOTION FOR COURT-ORDERED MENTAL 
EXAMINATION OF DEFENDANT 

Case Number 

IN THE CIRCUIT COURT OF__________________________________________________________________,  ALABAMA  
       (Name of County)  

STATE OF ALABAMA v. ______________________________________________________________________ Defendant  

         Comes now (cid:133)  the attorney for the defendant (cid:133) the district attorney in the above-styled case and moves the court to 

order a mental examination of the defendant to be conducted at such time or times as the court may direct, by a psychologist 

or psychiatrist, to determine:  

(cid:133)                (1)    The  defendant’s  sufficient  present  ability  to  assist  in  his  or  her  defense,  by  consulting  with  counsel,  with  a 

reasonable degree of rational understanding of the facts and the legal proceedings pending before the court;  

(cid:133)            (2)    The mental condition of the defendant at the time of the offense(s) [assuming that the defense of “not guilty by 

reason of mental disease or defect” has been timely raised by the defendant], and that the prosecution of this case be stayed 

(cid:133)           Counsel for the defendant further requests a hearing before a jury to determine the defendant’s competency to stand 

pending the outcome of such examination(s).  

trial.  

As attorney for the defendant (or the State), I believe that it is essential for a mental examination to be conducted in 

advance of trial because [here set forth reasons/facts in support of motion]: 

______________________
Date

___________________________________________
Defendant’s Attorney (or the District Attorney) 

Attorney Code _______________________________ 

Rule   11.6(d)(1), Ala.R.Crim.P.  
            11.7(a)(3), Ala.R.Crim.P. 

Defense Attorney    District Attorney        Sheriff            Dept. of Mental Health/Designated Regional Outpatient Program of Department