17-16-5
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17-16-5.
(a)
Upon written demand by the prosecuting attorney within ten days after
arraignment, or at such time as the court permits, stating the time, date, and
place at which the alleged offense was committed, the defendant shall serve
within ten days of the demand of the prosecuting attorney or ten days prior to
trial, whichever is later, or as otherwise ordered by the court, upon the
prosecuting attorney 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, addresses, dates of birth, and telephone numbers of the
witnesses, if known to the defendant, upon whom the defendant intends to rely to
establish such alibi unless previously supplied.
(b)
The prosecuting attorney shall serve upon the defendant within five days of the
defendant´s written notice but no later than five days before trial,
whichever is later, a written notice stating the names, addresses, dates of
birth, and telephone numbers of the witnesses, if known to the state, upon whom
the state intends to rely to rebut the defendant´s evidence of alibi unless
previously supplied.
(c)
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 (a) or (b) of this Code section, the party shall promptly notify the
other party of the existence and identity of such additional witness.
(d)
Upon a showing that a disclosure required by this Code section would create a
substantial threat of physical or economic harm to a witness, the court may
grant an exception to any of the requirements of subsections (a) through (c) of
this Code section.
(e)
If the defendant withdraws the notice of intention to rely upon an alibi
defense, the notice and intention to rely upon an alibi defense are not
admissible. However the prosecuting attorney may offer any other evidence
regarding alibi.