77-14-2. Alibi -- Notice requirements -- Witness lists.
(1) A defendant, whether or not written demand has been made, who intends to offer
evidence of an alibi shall, not less than ten days before trial or at such other time as the court may
allow, file and serve on the prosecuting attorney a notice, in writing, of his intention to claim
alibi. The notice shall contain specific information as to the place where the defendant claims to
have been at the time of the alleged offense and, as particularly as is known to the defendant or
his 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 at
such other time as the court may direct, shall file and serve the defendant with the addresses, as
particularly as are known to him, of the witnesses the state proposes to offer to contradict or
impeach the defendant's alibi evidence.
(2) The defendant and prosecuting attorney shall be under a continuing duty to disclose
the names and addresses of additional witnesses which come to the attention of either party after
filing their alibi witness lists.
(3) If a defendant or prosecuting attorney fails to comply with the requirements of this
section, the court may exclude evidence offered to establish or rebut alibi. However, the
defendant 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
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Last revised: Thursday, May 28, 2009