77-14-2 - Alibi -- Notice requirements -- Witness lists. - Utah Statutes

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Statutes > Utah > Title-77 > Chapter-14 > 77-14-2

77-14-2. Alibi -- Notice requirements -- Witness lists.
(1) A defendant, whether or not written demand has been made, who intends to offerevidence of an alibi shall, not less than 10 days before trial or at such other time as the court mayallow, file and serve on the prosecuting attorney a notice, in writing, of his intention to claimalibi. The notice shall contain specific information as to the place where the defendant claims tohave been at the time of the alleged offense and, as particularly as is known to the defendant orhis attorney, the names and addresses of the witnesses by whom he proposes to establish alibi.The prosecuting attorney, not more than five days after receipt of the list provided herein or atsuch other time as the court may direct, shall file and serve the defendant with the addresses, asparticularly as are known to him, of the witnesses the state proposes to offer to contradict orimpeach the defendant's alibi evidence.
(2) The defendant and prosecuting attorney shall be under a continuing duty to disclosethe names and addresses of additional witnesses which come to the attention of either party afterfiling their alibi witness lists.
(3) If a defendant or prosecuting attorney fails to comply with the requirements of thissection, the court may exclude evidence offered to establish or rebut alibi. However, thedefendant may always testify on his own behalf concerning alibi.
(4) The court may, for good cause shown, waive the requirements of this section.

Enacted by Chapter 15, 1980 General Session

State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-14 > 77-14-2

77-14-2. Alibi -- Notice requirements -- Witness lists.
(1) A defendant, whether or not written demand has been made, who intends to offerevidence of an alibi shall, not less than 10 days before trial or at such other time as the court mayallow, file and serve on the prosecuting attorney a notice, in writing, of his intention to claimalibi. The notice shall contain specific information as to the place where the defendant claims tohave been at the time of the alleged offense and, as particularly as is known to the defendant orhis attorney, the names and addresses of the witnesses by whom he proposes to establish alibi.The prosecuting attorney, not more than five days after receipt of the list provided herein or atsuch other time as the court may direct, shall file and serve the defendant with the addresses, asparticularly as are known to him, of the witnesses the state proposes to offer to contradict orimpeach the defendant's alibi evidence.
(2) The defendant and prosecuting attorney shall be under a continuing duty to disclosethe names and addresses of additional witnesses which come to the attention of either party afterfiling their alibi witness lists.
(3) If a defendant or prosecuting attorney fails to comply with the requirements of thissection, the court may exclude evidence offered to establish or rebut alibi. However, thedefendant may always testify on his own behalf concerning alibi.
(4) The court may, for good cause shown, waive the requirements of this section.

Enacted by Chapter 15, 1980 General Session

State Codes and Statutes

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State Codes and Statutes

Statutes > Utah > Title-77 > Chapter-14 > 77-14-2

77-14-2. Alibi -- Notice requirements -- Witness lists.
(1) A defendant, whether or not written demand has been made, who intends to offerevidence of an alibi shall, not less than 10 days before trial or at such other time as the court mayallow, file and serve on the prosecuting attorney a notice, in writing, of his intention to claimalibi. The notice shall contain specific information as to the place where the defendant claims tohave been at the time of the alleged offense and, as particularly as is known to the defendant orhis attorney, the names and addresses of the witnesses by whom he proposes to establish alibi.The prosecuting attorney, not more than five days after receipt of the list provided herein or atsuch other time as the court may direct, shall file and serve the defendant with the addresses, asparticularly as are known to him, of the witnesses the state proposes to offer to contradict orimpeach the defendant's alibi evidence.
(2) The defendant and prosecuting attorney shall be under a continuing duty to disclosethe names and addresses of additional witnesses which come to the attention of either party afterfiling their alibi witness lists.
(3) If a defendant or prosecuting attorney fails to comply with the requirements of thissection, the court may exclude evidence offered to establish or rebut alibi. However, thedefendant may always testify on his own behalf concerning alibi.
(4) The court may, for good cause shown, waive the requirements of this section.

Enacted by Chapter 15, 1980 General Session