Rule 12.1. Notice of an Alibi Defense

(a) GOVERNMENT’S REQUEST FOR NOTICE AND DEFENDANT’S RESPONSE.

(1) Government's Request. An attorney for the government may request in writing

that the defendant notify an attorney for the government of any intended alibi defense.

The request must state the time, date, and place of the alleged offense.

(2) Defendant's Response. Within 14 days after the request, or at some other time the

court sets, the defendant must serve written notice on an attorney for the government of

any intended alibi defense. The defendant’s notice must state:

(A) each specific place where the defendant claims to have been at the time of the

alleged offense; and

(B) the name, address, and telephone number of each alibi witness on whom the

defendant intends to rely.

(b) DISCLOSING GOVERNMENT WITNESSES.

(1) Disclosure.

(A) In General. If the defendant serves a Rule 12.1(a)(2) notice, an attorney for the

government must disclose in writing to the defendant or the defendant’s attorney:

(i) the name of each witness—and the address and telephone number of each

witness other than a victim—that the government intends to rely on to establish that the

defendant was present at the scene of the alleged offense; and

(ii) each government rebuttal witness to the defendant’s alibi defense.

(B) Victim’s Address and Telephone Number. If the government intends to rely on a

victim's testimony to establish that the defendant was present at the scene of the

alleged offense and the defendant establishes a need for the victim's address and

telephone number, the court may:

t at the scene of the alleged offense; and

(ii) each government rebuttal witness to the defendant’s alibi defense.

(B) Victim’s Address and Telephone Number. If the government intends to rely on a

victim's testimony to establish that the defendant was present at the scene of the

alleged offense and the defendant establishes a need for the victim's address and

telephone number, the court may:

(i) order the government to provide the information in writing to the defendant or

the defendant's attorney; or

(ii) fashion a reasonable procedure that allows preparation of the defense and also

protects the victim's interests.

(2) Time to Disclose. Unless the court directs otherwise, an attorney for the

government 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)(2), but no later than 14

days before trial.

(c) CONTINUING DUTY TO DISCLOSE.

(1) In General. Both an attorney for the government and the defendant must promptly

disclose in writing to the other party the name of each additional witness—and the

address and telephone number of each additional witness other than a victim— if:

(A) the disclosing party learns of the witness before or during trial; and

(B) the witness should have been disclosed under Rule 12.1(a) or (b) if the

disclosing party had known of the witness earlier.

(2) Address and Telephone Number of an Additional Victim Witness. The address

and telephone number of an additional victim witness must not be disclosed except as

provided in Rule 12.1 (b)(1)(B).

(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.

ss must not be disclosed except as

provided in Rule 12.1 (b)(1)(B).

(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 INTENTION. 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.

COMMENT TO 2017 AMENDMENTS

This rule incorporates the 2008 and 2009 amendments to Federal Rule of Criminal

Procedure 12.1. The 2008 amendments to sections (b) and (c) implement the federal

Crime Victims’ Rights Act (18 U.S.C. § 3771). Also, in accordance with the 2009

amendments to the federal rule, the 10-day time periods were expanded to 14 days—an

amendment that reflects the time-calculation changes made to Rule 45.

This rule has been redrafted to conform to the general restyling of the federal rules in

2002. It is identical to the federal rule.