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.
History:
[19-519, added 1978, ch. 301, sec. 1, p. 758.]
Structure Idaho Code
Chapter 5 - COMPLAINT AND WARRANT OF ARREST
Section 19-501 - DEFINITION OF COMPLAINT.
Section 19-502 - DEFINITION OF MAGISTRATE.
Section 19-503 - WHO ARE MAGISTRATES.
Section 19-504 - PERSON LODGING COMPLAINT.
Section 19-505 - CONTENTS OF COMPLAINT.
Section 19-506 - WHEN WARRANT MAY ISSUE.
Section 19-507 - FORM OF WARRANT.
Section 19-508 - ADDITIONAL REQUIREMENTS OF WARRANT.
Section 19-509 - TO WHOM WARRANT DIRECTED.
Section 19-510 - PEACE OFFICERS ENUMERATED.
Section 19-510A - PEACE OFFICERS’ POWERS TO EMPLOYEES OF THE STATE BOARD OF CORRECTION.
Section 19-511 - RAILROAD AND STEAMBOAT POLICE.
Section 19-512 - DIRECTION TO OFFICERS THROUGHOUT STATE.
Section 19-514 - DEFENDANT TO BE TAKEN BEFORE MAGISTRATE.
Section 19-515 - NO UNNECESSARY DELAY — ATTORNEY MAY VISIT DEFENDANT.
Section 19-516 - COMPLAINT TO BE TRANSMITTED TO MAGISTRATE.
Section 19-517 - OFFENSES TRIABLE IN ANOTHER COUNTY — PROCEEDINGS.