Notice Of Alibi Defense

(a) Notice by Defendant. A defendant who intends to offer an alibi defense must serve written notice on the prosecuting attorney of any intended alibi defense and file the notice within the time provided for the making of pretrial motions or afterward as the court directs. The notice must state: (1) each specific place where the defendant claims to have been at the time of the alleged offense; and (2) the name, address, and telephone number, if any, of each witness on whom the defendant intends to rely. (b) Notice by Prosecuting Attorney. (1) Disclosure. If the defendant serves a Rule 12.1(a) notice, the prosecuting attorney must disclose in writing to the defendant or the defendant's attorney: (A) the name, address, and telephone number, if any, of each witness the prosecution intends to rely on to establish defendant's presence at the scene of the alleged offense; and (B) each prosecution rebuttal witness to the defendant's alibi defense. (2) Time to Disclose. Unless the court directs otherwise, the prosecuting attorney must give its Rule 12.1(b)(1) disclosure within 14 days after the defendant serves notice of an intended alibi defense under Rule 12.1(a), but no later than 14 days before trial. (c) Continuing Duty to Disclose. Both the defendant and the prosecuting attorney must promptly disclose in writing to the other party the name, address, and telephone number, if any, of each additional witness if: (1) the disclosing party learns of the witness before or during trial; and (2) the witness should have been disclosed under Rule 12.1(a) or (b) if the disclosing party had known of the witness earlier. (d) Exceptions. For good cause, the court may grant an exception to any requirement of Rule 12.1(a) - (c). (e) Failure to Comply. If a party fails to comply with this rule, the court may exclude the testimony of any undisclosed witness regarding the defendant's alibi. This rule does not limit the defendant's right to testify. (f) Inadmissibility of Withdrawn Alibi. Evidence of an intention to rely on an alibi defense, later withdrawn, or of a statement made in connection with that intention, is not, in any civil or criminal proceeding, admissible against the person who gave notice of the intention.