Title 17, Chapter 16, Section 5
( 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. |