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3.200. Notice of Alibi
On the written demand of the prosecuting attorney,
specifying as particularly as is known to the
prosecuting attorney the place, date, and time of the
commission of the crime charged, a defendant in
a criminal case who intends to offer evidence of an
alibi in defense shall, not less than 10 days before trial
or such other time as the court may direct, file and
serve on the prosecuting attorney a notice in writing
of an intention to claim an alibi, which notice shall
contain specific information as to the place at which
the defendant claims to have been at the time of the
alleged offense and, as particularly as is known to the
defendant or the defendant’s attorney, the names and
addresses of the witnesses by whom the defendant
proposes to establish the alibi. Not more than 5 days
after receipt of defendant’s witness list, or any other
time as the court may direct, the prosecuting attorney
shall file and serve on the defendant the names and
addresses (as particularly as are known to the prosecuting
attorney) of the witnesses the state proposes
to offer in rebuttal to discredit the defendant’s alibi
at the trial of the cause. Both the defendant and the
prosecuting
attorney shall be under a continuing duty
to promptly disclose the names and addresses of additional
witnesses who come to the attention of either
party subsequent to filing their respective witness lists
as provided in this rule. If a defendant fails to file and
serve a copy of the notice as herein required, the court
may exclude evidence offered by the defendant for the
purpose of providing an alibi, except the defendant’s
own testimony. If the notice is given by a defendant,
the court may exclude the testimony of any witness
offered by the defendant for the purpose of proving an
alibi if the name and address of the witness as particularly
as is known to the defendant or the defendant’s
attorney is not stated in the notice. If the prosecuting
attorney fails to file and serve a copy on the defendant
of a list of witnesses as herein provided, the court may
exclude evidence offered by the state in rebuttal to the
defendant’s alibi evidence. If notice is given by the
prosecuting attorney, the court may exclude the testimony
of any witness offered by the prosecuting
attorney
for the purpose of rebutting the defense of alibi if
the name and address of the witness as particularly as
is known to the prosecuting attorney is not stated in
the notice. For good cause shown the court may waive
the requirements
of this rule.
Committee Notes
1968 Adoption. The rule is completely new in Florida. Fourteen
states have adopted notice of alibi statutes or rules: Arizona
Supreme Court Rules of Criminal Procedure 192 (enacted
in 1940); Ind.Ann.Stat. 9-1631, 9-1632, 9-1633 (1956) (enacted
in 1935); Iowa Code Ann. 777 18 (1958) (enacted in 1941); Kan.
Gen.Stat. Ann. 62-1341 (1949) (enacted in 1935); Mich.Stat.Ann.
630.14 (1947) (enacted in 1935); N.J. Superior and County Court
Criminal Practice Rule 3:5-9 (1948) (enacted in 1934); N.Y. Code
of Crim. Proc. 295-L (1935) (enacted in 1935); Ohio Rev. Code
Ann. 2945.58 (1953) (enacted in 1929); Okla.Stat.Ann. 22-585
(1937) (enacted in 1935); S.D. Code 34.2801 (1939) (enacted in
1935); Utah Code Ann. 77-22-17 (1953) (enacted in 1935); Vt.Stat.
Ann. 13-6561, 6562 (1958) (enacted in 1935); Wis.Stat.Ann. 955.07
(1958) (enacted in 1935).
The rule is modeled after the Ohio, New York, and New Jersey
statutes:
(1) The requirement of notice in writing is taken from the Ohio
statute.
(2) The requirement of an initial demand by the prosecuting
attorney is based on the New York and New Jersey statutes.
(3) The requirement of a mutual exchange of witness lists is
based on those statutes which require the defendant to disclose
alibi witnesses. In the interest of mutuality, the requirement of a
reciprocal exchange of witness lists has been added. The enforcement
provision is based on the Ohio and New York statutes. In New
York, a defendant who fails to give advance notice of alibi may still
give alibi testimony himself. People v. Rakiec, 23 N.Y.S.2d 607,
aff’d 45 N.E.2d 812 (1942).
For an excellent article on notice of alibi statutes, court decisions
thereunder, and some empirical data on the practical effect of the
rules, see David M. Epstein, “Advance Notice of Alibi,” 55 J. Crim.
L. & Criminology 29 (1964).
1972 Amendment. Same as prior rule.
1992 Amendment. The purpose of the amendments is to gender
neutralize the wording of the rule.
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