WYOMING COURT RULES

40 state stating the time, date, and place at which the alleged offense was committed, the defendant shall serve within 10 days, or at such different time as the court may direct, upon the attorney for the state a written notice of the defendant’s intention to offer a defense of alibi. Such notice by the defendant shall state the specific place or places at which the defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses upon whom the defendant intends to rely to establish such alibi. (b) Disclosure of information by state. — Within 10 days thereafter, but in no event less than 10 days before trial, unless the court otherwise directs, the attorney for the state shall serve upon the defendant or the defendant’s attorney a written notice stating the names and addresses of the witnesses upon whom the state intends to rely to establish the defendant’s presence at the scene of the alleged offense and any other witnesses to be relied on to rebut testimony of any of the defendant’s alibi witnesses. (c) Continuing duty to disclose. — If prior to or during trial, a party learns of an additional witness whose identity, if known, should have been included in the information furnished under subdivision (a) or (b), the party shall promptly notify the other party or the attorney for the other party of the existence and identity of such additional witness. (d) Failure to comply. — Upon the failure of either party to comply with the requirements of this rule, the court may exclude the testimony of any undisclosed witness offered by such party as to the defendant’s absence from, or presence at, the scene of the alleged offense. This rule shall not limit the right of the defendant to testify in the defendant’s own behalf. (e) Exceptions. — For good cause shown, the court may grant an exception to any of the requirements of subdivisions (a) through (d). (f) Inadmissibility of withdrawn alibi. — Evidence of an intention to rely upon an alibi defense, later withdrawn, or of statements made in connection with such intention, is not admissible in any civil or criminal proceeding against the person who gave notice of the intention. Compare. — Rule 12.1, Fed. Rules Cr. Proc. Rule is applicable only if alibi witness does, in fact, testify at trial. — Johnson v. State, 806 P.2d 1282, 1991 Wyo. LEXIS 29 (Wyo. 1991), reh’g denied, 1991 Wyo. LEXIS 45 (Wyo. Mar. 27, 1991). Transcribed statement of absent, but untrustworthy, witness not admitted to establish alibi. — The transcribed statement in the absence and of a proposed witness, unavailability of the witness, should not have been admitted into evidence for purposes of establishing an alibi defense, as it lacked the guarantees of the truthworthiness required to receive such a statement, the individual possi- bly having left town knowing that he was needed to testify for the defense, and to evade an opportunity to provide testimony. Smith v. State, 715 P.2d 1164, 1986 Wyo. LEXIS 514 (Wyo. 1986). Exclusion of alibi testimony was error. — Where the district court did not consider any factor other than the defense’s failure to comply with this rule’s time requirements, the failure to consider the factors articulated in Taylor v. Illinois, 484 U.S. 400, 108 S. Ct. 646, 98 L. Ed. 2d 798 (1988) was an abuse of discretion, and the trial court erred in its exclusion of the alibi testimony as a discovery sanction. Lawson v. State, 994 P.2d 943, 2000 Wyo. LEXIS 6 (Wyo. 2000), reh’g denied, 2000 Wyo. LEXIS 13 (Wyo. Feb. 8, 2000). Exclusion of alibi testimony was harm- less error. — Where defendant made inculpa- tory statements to the police on two occasions indicating that he had been present during the robbery, the error in excluding possible alibi testimony was harmless beyond a reasonable doubt. Lawson v. State, 994 P.2d 943, 2000 Wyo. LEXIS 6 (Wyo. 2000), reh’g denied, 2000 Wyo. LEXIS 13 (Wyo. Feb. 8, 2000).