CHAPTER 4. NOTICE OF ALIBI DEFENSE
IC 35-36-4
Chapter 4. Notice of Alibi Defense
IC 35-36-4-1
Time of filing; requisite information
Sec. 1. Whenever a defendant in a criminal case intends to offer
in his defense evidence of alibi, the defendant shall, no later than:
(1) twenty (20) days prior to the omnibus date if the defendant
is charged with a felony; or
(2) ten (10) days prior to the omnibus date if the defendant is
charged only with one (1) or more misdemeanors;
file with the court and serve upon the prosecuting attorney a written
statement of his intention to offer such a defense. The notice must
include specific information concerning the exact place where the
defendant claims to have been on the date stated in the indictment or
information.
As added by Acts 1981, P.L.298, SEC.5. Amended by Acts 1982,
P.L.204, SEC.30.
IC 35-36-4-2
Reply by prosecutor; second statement by defendant; filing and
service
Sec. 2. (a) When a defendant files a notice of alibi, the
prosecuting attorney shall file with the court and serve upon the
defendant, or upon his counsel, a specific statement containing:
(1) the date the defendant was alleged to have committed the
crime; and
(2) the exact place where the defendant was alleged to have
committed the crime;
that he intends to present at trial. However, the prosecuting attorney
need not comply with this requirement if he intends to present at trial
the date and place listed in the indictment or information as the date
and place of the crime.
(b) If a reply by the prosecuting attorney is required by subsection
(a) of this section, the prosecuting attorney shall serve such a
statement upon the defendant, or his counsel, within seven (7) days
after the filing of the defendant's first notice of alibi.
(c) If the prosecuting attorney's statement to the defendant
contains a date or place other than the date or place stated in the
defendant's original statement, the defendant shall file a second
statement of alibi if the defendant intends to produce at trial evidence
of an alibi for the date or place contained in the prosecutor's
statement. The defendant shall:
(1) file the second statement with the court; and
(2) serve the second statement upon the prosecuting attorney;
within four (4) days after the filing of the prosecuting attorney's
statement. The defendant's second statement must contain the same
details required in the defendant's original statement.
As added by Acts 1981, P.L.298, SEC.5.
IC 35-36-4-3
Failure to file or serve statements; extension of time; exclusion of
evidence
Sec. 3. (a) If either the defendant or the prosecuting attorney fails
to file or serve statements in accordance with section 2 of this
chapter, the judge may extend the time for filing.
(b) If at the trial it appears that the defendant has failed to file and
serve an original statement of alibi in accordance with section 1 of
this chapter, and if the defendant does not show good cause for his
failure, then the court shall exclude evidence offered by the
defendant to establish an alibi.
(c) If at the trial it appears that the prosecuting attorney has failed
to file and serve his statement in accordance with section 2(a) of this
chapter, and if the prosecuting attorney does not show good cause for
his failure, then the court shall exclude evidence offered by the
prosecuting attorney to show:
(1) that the defendant was at a place other than the place stated
in the information or indictment; and
(2) that the date was other than the date stated in the
information or indictment.
(d) If at the trial it appears that the defendant has failed to file and
serve a second statement in accordance with section 2(c) of this
chapter, and if the defendant does not show good cause for his
failure, then the court shall exclude evidence offered by the
defendant to establish that:
(1) he was at a place other than the place specified in the
prosecuting attorney's statement; or
(2) the date was other than the date stated in the prosecuting
attorney's statement.
As added by Acts 1981, P.L.298, SEC.5.