Notice of Alibi Defense

NOTICE OF ALIBI DEFENSE

COURT INFORMATION

Court Name: ________________________________________________

Case Number: ________________________________________________

Judge: ________________________________________________

Trial Date: ________________________________________________

CASE INFORMATION

Defendant Name: ________________________________________________

Date of Birth: ________________________________________________

Charges:

COUNSEL INFORMATION

Defense Attorney: ________________________________________________

Bar Number: ________________________________________________

Firm Name: ________________________________________________

Address: ________________________________________________

Phone: ________________________________________________

Email: ________________________________________________

I. NOTICE OF INTENT TO PRESENT ALIBI DEFENSE

COMES NOW the Defendant, _________________________, by and through undersigned counsel, and hereby provides notice pursuant to [Federal Rule of Criminal Procedure 12.1 / State Rule _____ / State Statute _____] of Defendant's intention to offer a defense of alibi at trial.

II. GOVERNMENT'S DEMAND

☐ The Government served a written demand for alibi notice on: _____________

☐ The demand specified the following offense information:

• Date of alleged offense: _____________________________________________

• Time of alleged offense: _____________________________________________

• Place of alleged offense: ____________________________________________

☐ Copy of Government's demand attached as Exhibit A

☐ This notice is filed within the required _____ days of the demand

OR

☐ Defendant provides this notice voluntarily in advance of any demand

☐ Defendant provides this notice pursuant to standing court order/local rule

III. DEFENDANT'S ALIBI

At the time of the alleged offense(s), Defendant was NOT at the location(s) specified by the Government. Instead, Defendant was at the following location(s):

A. Alibi Location(s)

Primary Alibi Location:

Additional Alibi Location(s): (if defendant was at multiple locations during the relevant time)

B. Description of Alibi

________________________________________________

________________________________________________

________________________________________________

________________________________________________

IV. ALIBI WITNESSES

Defendant intends to call the following witnesses in support of the alibi defense:

Witness 1

Witness 2

Witness 3

Witness 4

(Attach additional pages if more witnesses)

☐ Additional witness list attached as Exhibit B

V. DOCUMENTARY AND PHYSICAL EVIDENCE SUPPORTING ALIBI

☐ Defendant intends to introduce the following evidence in support of the alibi:

VI. DEFENDANT'S TESTIMONY

☐ Defendant may testify in support of the alibi defense

Note: Defendant's right to testify is preserved regardless of compliance with alibi notice requirements. See Rule 12.1(e); Williams v. Florida, 399 U.S. 78 (1970).

VII. RECIPROCAL DISCLOSURE REQUEST

Pursuant to [Rule 12.1(b) / State equivalent], Defendant requests that the Government provide, within the time prescribed by the applicable rule, written notice of:

☐ The names and addresses of all witnesses the Government intends to rely upon to establish Defendant's presence at the scene of the alleged offense

☐ The names and addresses of all witnesses the Government intends to call to rebut Defendant's alibi defense

VIII. CONTINUING DUTY TO DISCLOSE

Defendant acknowledges the continuing duty to promptly disclose:

☐ The names, addresses, and telephone numbers of any additional alibi witnesses who come to Defendant's attention after filing this notice

☐ Any changes to the information provided herein

☐ Defendant will supplement this notice as required by [Rule 12.1(c) / State equivalent]

IX. RESERVATION OF RIGHTS

☐ Defendant reserves the right to supplement or amend this notice upon further investigation

☐ Defendant reserves all rights not expressly waived herein

☐ This notice shall not be construed as an admission of any fact

☐ Defendant reserves the right to testify regardless of alibi notice compliance

X. EXHIBITS

☐ Exhibit A: Government's Demand for Alibi Notice

☐ Exhibit B: Additional Alibi Witness List (if applicable)

☐ Exhibit C: Documentary Evidence Summary

☐ Exhibit ___: ________________________________________________

Respectfully submitted,

________________________________________
Attorney for Defendant

Date: _______________________

CERTIFICATE OF SERVICE

I hereby certify that on _____________, a true and correct copy of the foregoing Notice of Alibi Defense was served upon:

_________________________ [Prosecuting Attorney]
_________________________
_________________________

By: ☐ Hand delivery ☐ First-class mail ☐ Electronic filing/service ☐ Fax

________________________________________
Attorney for Defendant

STATE-SPECIFIC VARIATIONS

Federal (Rule 12.1)

• Government must first demand in writing, specifying time, date, and place
• Defendant has 14 days to respond (unless court alters period)
• Must provide place and witness names/addresses
• Government must reciprocally disclose within 14 days
• Failure may result in exclusion (but defendant may always testify)

California (Penal Code § 1042)

• Notice required within 30 days of arraignment (or as court orders)
• Must state specific place and name all witnesses
• Prosecution must reciprocally disclose within 30 days

New York (CPL § 250.20)

• Triggered by prosecution demand within 20 days of arraignment
• Defendant must respond within 8 days of demand
• Must provide specific place and all witness names/addresses/employers
• Continuing duty to supplement

Texas (Code of Criminal Procedure Art. 28.051)

• Notice required "as soon as practicable" but not later than 20 days before trial
• Must state specific location and list witnesses

Florida (Rule 3.200)

• Written notice at least 10 days before trial
• Must state place and list all witnesses with addresses
• Prosecution has 5 days to respond with rebuttal witness list

Pennsylvania (Pa.R.Crim.P. 567)

• Notice filed not later than omnibus pretrial motion deadline
• Must specify place and list witness names/addresses
• Commonwealth has 10 days to respond

Illinois (725 ILCS 5/114-14)

• Written notice required within reasonable time before trial
• Must state specific place and list witnesses
• State must reciprocally disclose

Colorado (Crim. P. Rule 12.1)

• Must be served at least 35 days before trial
• Place and witness names/addresses required

PRACTICE NOTES