Section 335.2. Notice of alibi


Latest version.
  • 1. At any time not more than fifteen days
      after  the  conclusion  of  the  initial  appearance  and   before   the
      fact-finding   hearing   the  presentment  agency  may  serve  upon  the
      respondent and file a copy thereof with the court, a demand that if  the
      respondent intends to offer a defense that at the time of the commission
      of the crime charged he was at some place or places other than the scene
      of  the crime, and to call witnesses in support of such defense, he must
      within ten days of service of such demand, serve upon such  agency,  and
      file  a  copy thereof with the court, a "notice of alibi", reciting; (a)
      the place or places where the respondent claims to have been at the time
      in question, and (b) the names, the residential addresses, the places of
      employment and the addresses thereof of every such  alibi  witness  upon
      whom  he intends to rely. For good cause shown, the court may extend the
      period for service of the notice.
        2. Within a reasonable time after receipt of the respondent's  witness
      list  but  not  later than ten days before the fact-finding hearing, the
      presentment agency must serve  upon  the  respondent  and  file  a  copy
      thereof  with  the  court,  a  list of witnesses such agency proposes to
      offer in rebuttal to discredit  the  respondent's  alibi  at  the  trial
      together  with  the  residential addresses, the places of employment and
      the addresses thereof of any such rebuttal witnesses. A witness who will
      testify that the respondent was at the scene of the crime is not such an
      alibi rebuttal witness. For good cause shown, the court may  extend  the
      period for service.
        3.  If at the trial the respondent calls such an alibi witness without
      having served the demanded notice of alibi, or if having served  such  a
      notice  he  calls a witness not specified therein, the court may exclude
      any testimony of such witness relating to the alibi defense.  The  court
      may  in  its  discretion receive such testimony, but before doing so, it
      must, upon application of the presentment  agency,  grant  a  reasonable
      adjournment.
        4. Similarly, if the presentment agency fails to serve and file a list
      of  any  rebuttal  witnesses,  the provisions of subdivision three shall
      reciprocally apply.
        5. Both the respondent and the presentment agency  shall  be  under  a
      continuing  duty  to  promptly  disclose  the  names  and  addresses  of
      additional witnesses  which  come  to  the  attention  of  either  party
      subsequent to filing his witness list as provided in this section.