2005 Idaho Code - 19-519 — NOTICE OF DEFENSE OF ALIBI

                                  TITLE  19
                              CRIMINAL PROCEDURE
                                  CHAPTER 5
                       COMPLAINT AND WARRANT OF ARREST
    19-519.  NOTICE OF DEFENSE OF ALIBI. (1) At any time after arraignment
before a magistrate upon a complaint and upon written demand of the
prosecuting attorney, the defendant shall serve, within ten (10) days or at
such different time as the court may direct, upon the prosecuting attorney, a
written notice of his 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 he intends to rely to establish such
alibi.
    (2)  Within ten (10) days after receipt of the defendant's notice of alibi
but in no event less than ten (10) days before trial, unless the court
otherwise directs, the prosecuting attorney shall serve upon the defendant or
his attorney a written notice stating the names and addresses of the witnesses
upon whom the prosecution 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.
    (3)  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 subsection (1) or subsection (2) of this section, the party
shall promptly notify the other party or his attorney of the existence and
identity of such additional witness.
    (4)  Upon the failure of either party to comply with the requirements of
this section, 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 section shall not limit the right of the
defendant to testify in his own behalf.
    (5)  For good cause shown the court may grant an exception to any of the
requirements of subsections (1) through (4) of this section.