CHAPTER 4. NOTICE OF ALIBI DEFENSE
IC 35-36-4
Chapter 4. Notice of Alibi Defense
IC 35-36-4-1
Time of filing; requisite information
Sec. 1. Whenever a defendant in a criminal case intends to offerin his defense evidence of alibi, the defendant shall, no later than:
(1) twenty (20) days prior to the omnibus date if the defendantis charged with a felony; or
(2) ten (10) days prior to the omnibus date if the defendant ischarged only with one (1) or more misdemeanors;
file with the court and serve upon the prosecuting attorney a writtenstatement of his intention to offer such a defense. The notice mustinclude specific information concerning the exact place where thedefendant claims to have been on the date stated in the indictment orinformation.
As added by Acts 1981, P.L.298, SEC.5. Amended by Acts 1982,P.L.204, SEC.30.
IC 35-36-4-2
Reply by prosecutor; second statement by defendant; filing andservice
Sec. 2. (a) When a defendant files a notice of alibi, theprosecuting attorney shall file with the court and serve upon thedefendant, or upon his counsel, a specific statement containing:
(1) the date the defendant was alleged to have committed thecrime; and
(2) the exact place where the defendant was alleged to havecommitted the crime;
that he intends to present at trial. However, the prosecuting attorneyneed not comply with this requirement if he intends to present at trialthe date and place listed in the indictment or information as the dateand place of the crime.
(b) If a reply by the prosecuting attorney is required by subsection(a) of this section, the prosecuting attorney shall serve such astatement upon the defendant, or his counsel, within seven (7) daysafter the filing of the defendant's first notice of alibi.
(c) If the prosecuting attorney's statement to the defendantcontains a date or place other than the date or place stated in thedefendant's original statement, the defendant shall file a secondstatement of alibi if the defendant intends to produce at trial evidenceof an alibi for the date or place contained in the prosecutor'sstatement. The defendant shall:
(1) file the second statement with the court; and
(2) serve the second statement upon the prosecuting attorney;
within four (4) days after the filing of the prosecuting attorney'sstatement. The defendant's second statement must contain the samedetails required in the defendant's original statement.
As added by Acts 1981, P.L.298, SEC.5.
IC 35-36-4-3
Failure to file or serve statements; extension of time; exclusion ofevidence
Sec. 3. (a) If either the defendant or the prosecuting attorney failsto file or serve statements in accordance with section 2 of thischapter, the judge may extend the time for filing.
(b) If at the trial it appears that the defendant has failed to file andserve an original statement of alibi in accordance with section 1 ofthis chapter, and if the defendant does not show good cause for hisfailure, then the court shall exclude evidence offered by thedefendant to establish an alibi.
(c) If at the trial it appears that the prosecuting attorney has failedto file and serve his statement in accordance with section 2(a) of thischapter, and if the prosecuting attorney does not show good cause forhis failure, then the court shall exclude evidence offered by theprosecuting attorney to show:
(1) that the defendant was at a place other than the place statedin the information or indictment; and
(2) that the date was other than the date stated in theinformation or indictment.
(d) If at the trial it appears that the defendant has failed to file andserve a second statement in accordance with section 2(c) of thischapter, and if the defendant does not show good cause for hisfailure, then the court shall exclude evidence offered by thedefendant to establish that:
(1) he was at a place other than the place specified in theprosecuting attorney's statement; or
(2) the date was other than the date stated in the prosecutingattorney's statement.
As added by Acts 1981, P.L.298, SEC.5.