22-3218.Plea of alibi; notice.(1) In the trial of any criminal action where the complaint, indictmentor information charges specifically the time and place of the crime allegedto have been committed, and the nature of the crime is such as necessitatedthe personal presence of the one who committed the crime, and the defendantproposes to offer evidence to the effect that he was at some other place atthe time of the crime charged, he shall give notice in writing of that factto the prosecuting attorney except that no such notice shall be required toallow testimony as to alibi, by the defendant himself, in his own defense.The notice shall state where defendant contends he was at the time of thecrime, and shall have endorsed thereon the names of witnesses he proposesto use in support of such contention.
(2) On due application, and for good cause shown, the court may permitdefendant to endorse additional names of witnesses on such notice, usingthe discretion with respect thereto applicable to allowing the prosecutingattorney to endorse names of additional witnesses on an information. Thenotice shall be served on the prosecuting attorney at least seven daysbefore the commencement of the trial, and a copy thereof, with proof ofsuch service, filed with the clerk of the court. For good cause shown thecourt may permit notice at a later date.
Within seven days after receipt of the names of defendant's proposed alibiwitnesses, or within such other time as is ordered by the court, theprosecuting attorney shall file and serve upon the defendant or his counsel thenames of the witnesses known to the prosecuting attorney which the stateproposes to offer in rebuttal to discredit the defendant's alibi at the trialof the case. Both the defendant and the prosecuting attorney shall be under acontinuing duty to disclose promptly the names of additional witnesses whichcome to the attention of either party subsequent to filing their respectivewitness lists as provided by this section so that reciprocal discovery rightsare afforded both parties.
(3) In the event the time and place of the crime are not specificallystated in the complaint, indictment or information, on application ofdefendant that the time and place be definitely stated in order to enablehim to offer evidence in support of a contention that he was not present,and upon due notice thereof, the court shall direct the prosecutingattorney either to amend the complaint or information by stating the timeand place of the crime, or to file a bill of particulars to the indictmentor information stating the time and place of the crime; and thereafterdefendant shall give the notice above provided if he proposes to offerevidence to the effect that he was at some other place at the time of thecrime charged.
(4) Unless the defendant gives the notice as above provided he shall notbe permitted to offer evidence to the effect that he was at some otherplace at the time of the crime charged. In the event the time or place ofthe crime has not been specifically stated in the complaint, indictment orinformation, and the court directs it be amended, or a bill of particularsfiled, as above provided, and the prosecuting attorney advises the courtthat he cannot safely do so on the facts as he has been informed concerningthem; or if in the progress of the trial the evidence discloses a time orplace of the crime other than alleged, but within the period of the statuteof limitations applicable to the crime and within the territorialjurisdiction of the court, the action shall not abate or be discontinuedfor either of those reasons, but defendant may, without having given thenotice above mentioned, offer evidence tending to show he was at some otherplace at the time of the crime.
History: L. 1970, ch. 129, § 22-3218; amended by Supreme Court(order dated May 10, 1977), to be effective on publication in advance sheetsof Supreme Court Reports.
22-3218.Plea of alibi; notice.(1) In the trial of any criminal action where the complaint, indictmentor information charges specifically the time and place of the crime allegedto have been committed, and the nature of the crime is such as necessitatedthe personal presence of the one who committed the crime, and the defendantproposes to offer evidence to the effect that he was at some other place atthe time of the crime charged, he shall give notice in writing of that factto the prosecuting attorney except that no such notice shall be required toallow testimony as to alibi, by the defendant himself, in his own defense.The notice shall state where defendant contends he was at the time of thecrime, and shall have endorsed thereon the names of witnesses he proposesto use in support of such contention.
(2) On due application, and for good cause shown, the court may permitdefendant to endorse additional names of witnesses on such notice, usingthe discretion with respect thereto applicable to allowing the prosecutingattorney to endorse names of additional witnesses on an information. Thenotice shall be served on the prosecuting attorney at least seven daysbefore the commencement of the trial, and a copy thereof, with proof ofsuch service, filed with the clerk of the court. For good cause shown thecourt may permit notice at a later date.
Within seven days after receipt of the names of defendant's proposed alibiwitnesses, or within such other time as is ordered by the court, theprosecuting attorney shall file and serve upon the defendant or his counsel thenames of the witnesses known to the prosecuting attorney which the stateproposes to offer in rebuttal to discredit the defendant's alibi at the trialof the case. Both the defendant and the prosecuting attorney shall be under acontinuing duty to disclose promptly the names of additional witnesses whichcome to the attention of either party subsequent to filing their respectivewitness lists as provided by this section so that reciprocal discovery rightsare afforded both parties.
(3) In the event the time and place of the crime are not specificallystated in the complaint, indictment or information, on application ofdefendant that the time and place be definitely stated in order to enablehim to offer evidence in support of a contention that he was not present,and upon due notice thereof, the court shall direct the prosecutingattorney either to amend the complaint or information by stating the timeand place of the crime, or to file a bill of particulars to the indictmentor information stating the time and place of the crime; and thereafterdefendant shall give the notice above provided if he proposes to offerevidence to the effect that he was at some other place at the time of thecrime charged.
(4) Unless the defendant gives the notice as above provided he shall notbe permitted to offer evidence to the effect that he was at some otherplace at the time of the crime charged. In the event the time or place ofthe crime has not been specifically stated in the complaint, indictment orinformation, and the court directs it be amended, or a bill of particularsfiled, as above provided, and the prosecuting attorney advises the courtthat he cannot safely do so on the facts as he has been informed concerningthem; or if in the progress of the trial the evidence discloses a time orplace of the crime other than alleged, but within the period of the statuteof limitations applicable to the crime and within the territorialjurisdiction of the court, the action shall not abate or be discontinuedfor either of those reasons, but defendant may, without having given thenotice above mentioned, offer evidence tending to show he was at some otherplace at the time of the crime.
History: L. 1970, ch. 129, § 22-3218; amended by Supreme Court(order dated May 10, 1977), to be effective on publication in advance sheetsof Supreme Court Reports.
22-3218.Plea of alibi; notice.(1) In the trial of any criminal action where the complaint, indictmentor information charges specifically the time and place of the crime allegedto have been committed, and the nature of the crime is such as necessitatedthe personal presence of the one who committed the crime, and the defendantproposes to offer evidence to the effect that he was at some other place atthe time of the crime charged, he shall give notice in writing of that factto the prosecuting attorney except that no such notice shall be required toallow testimony as to alibi, by the defendant himself, in his own defense.The notice shall state where defendant contends he was at the time of thecrime, and shall have endorsed thereon the names of witnesses he proposesto use in support of such contention.
(2) On due application, and for good cause shown, the court may permitdefendant to endorse additional names of witnesses on such notice, usingthe discretion with respect thereto applicable to allowing the prosecutingattorney to endorse names of additional witnesses on an information. Thenotice shall be served on the prosecuting attorney at least seven daysbefore the commencement of the trial, and a copy thereof, with proof ofsuch service, filed with the clerk of the court. For good cause shown thecourt may permit notice at a later date.
Within seven days after receipt of the names of defendant's proposed alibiwitnesses, or within such other time as is ordered by the court, theprosecuting attorney shall file and serve upon the defendant or his counsel thenames of the witnesses known to the prosecuting attorney which the stateproposes to offer in rebuttal to discredit the defendant's alibi at the trialof the case. Both the defendant and the prosecuting attorney shall be under acontinuing duty to disclose promptly the names of additional witnesses whichcome to the attention of either party subsequent to filing their respectivewitness lists as provided by this section so that reciprocal discovery rightsare afforded both parties.
(3) In the event the time and place of the crime are not specificallystated in the complaint, indictment or information, on application ofdefendant that the time and place be definitely stated in order to enablehim to offer evidence in support of a contention that he was not present,and upon due notice thereof, the court shall direct the prosecutingattorney either to amend the complaint or information by stating the timeand place of the crime, or to file a bill of particulars to the indictmentor information stating the time and place of the crime; and thereafterdefendant shall give the notice above provided if he proposes to offerevidence to the effect that he was at some other place at the time of thecrime charged.
(4) Unless the defendant gives the notice as above provided he shall notbe permitted to offer evidence to the effect that he was at some otherplace at the time of the crime charged. In the event the time or place ofthe crime has not been specifically stated in the complaint, indictment orinformation, and the court directs it be amended, or a bill of particularsfiled, as above provided, and the prosecuting attorney advises the courtthat he cannot safely do so on the facts as he has been informed concerningthem; or if in the progress of the trial the evidence discloses a time orplace of the crime other than alleged, but within the period of the statuteof limitations applicable to the crime and within the territorialjurisdiction of the court, the action shall not abate or be discontinuedfor either of those reasons, but defendant may, without having given thenotice above mentioned, offer evidence tending to show he was at some otherplace at the time of the crime.
History: L. 1970, ch. 129, § 22-3218; amended by Supreme Court(order dated May 10, 1977), to be effective on publication in advance sheetsof Supreme Court Reports.
