Sec. 21.
(1) If the defendant fails to file and serve the written notice prescribed in section 20 or 20a, the court shall exclude evidence offered by the defendant for the purpose of establishing an alibi or the insanity of the defendant. If the notice given by the defendant does not state, as particularly as is known to the defendant or the defendant's attorney, the name of a witness to be called in behalf of the defendant to establish a defense specified in section 20 or 20a, the court shall exclude the testimony of a witness which is offered by the defendant for the purpose of establishing that defense.
(2) If the prosecuting attorney fails to file and serve a notice of rebuttal upon the defendant as provided in section 20 or 20a, the court shall exclude evidence offered by the prosecution in rebuttal to the defendant's evidence relevant to a defense specified in section 20 or 20a. If the notice given by the prosecuting attorney does not state, as particularly as is known to the prosecuting attorney, the name of a witness to be called in rebuttal of the defense of alibi or insanity, the court shall exclude the testimony of a witness which is offered by the prosecuting attorney for the purpose of rebutting that defense.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17314 ;-- CL 1948, 768.21 ;-- Am. 1974, Act 63, Eff. May 1, 1974 ;-- Am. 1975, Act 180, Eff. Aug. 6, 1975 ;-- Am. 1976, Act 51, Imd. Eff. Mar. 21, 1976 Compiler's Notes: Section 2 of Act 63 of 1974 provides:“Section 2. To give judges, prosecutors, and defense counsel a reasonable opportunity to become aware of and familiar with the time periods and sequence prescribed in this amendatory act and the effects of noncompliance, sections 20 and 21 of chapter 8 of Act No. 175 of the Public Acts of 1927, being sections 768.20 and 768.21 of the Michigan Compiled Laws, as amended by this amendatory act shall take effect May 1, 1974, and apply to cases in which the arraignment on an information occurs on or after that date. The other provisions of this amendatory act shall take effect May 1, 1974 and apply to offenses committed on or after that date.
Structure Michigan Compiled Laws
Chapters 760 - 777 - Code of Criminal Procedure
Act 175 of 1927 - The Code of Criminal Procedure (760.1 - 777.69)
175-1927-VIII - Chapter VIII Trials (768.1...768.37)
Section 768.1 - Speedy Trial; Right of Parties; Duty of Public Officers.
Section 768.2 - Criminal Cases; Precedence; Adjournment; Continuance.
Section 768.3 - Person Indicted; Presence at Trial.
Section 768.4 - Proof of Felony at Trial for Misdemeanor; Effect.
Section 768.5 - Defendants Jointly Indicted; Separation of Trials.
Section 768.6 - Commission of Offense in Certain State Institutions; Penalty.
Section 768.8 - Issues of Fact to Be Tried by Jury; Waiver of Trial by Jury.
Section 768.9 - Challenge to Juror for Cause; Membership on Grand Jury.
Section 768.11 - Repealed. 1978, Act 11, Imd. Eff. Feb. 8, 1978.
Section 768.12 - Peremptory Challenge; Offense Not Punishable by Death or Life Imprisonment; Number.
Section 768.13 - Peremptory Challenge; Offense Punishable by Death or Life Imprisonment; Number.
Section 768.14 - Jurors; Form of Oath.
Section 768.15 - Jurors; Affirmation in Lieu of Oath.
Section 768.16 - Jurors; Liberty; Oath and Duty of Officer in Charge.
Section 768.17 - Jurors; Medical Attendance; Use of Newspapers and Letters.
Section 768.19 - Perjury; Acts of Officer Under Oath.
Section 768.21a - Persons Deemed Legally Insane; Burden of Proof.
Section 768.21c - Use of Deadly Force by Individual in Own Dwelling; "Dwelling" Defined.
Section 768.23 - Exception; Necessity of Taking.
Section 768.24 - Evidence; Leading Question.
Section 768.25 - Evidence; Proof of Signature.
Section 768.26 - Evidence; Use of Former Testimony; Deposition for Defendant.
Section 768.27 - Evidence; Proof of Intent or Motive by Similar Acts.
Section 768.28 - Evidence; View by Jury.
Section 768.29 - Judge's Duty at Trial; Effect of Failure to Instruct.
Section 768.29a - Defense of Insanity in Criminal Action Tried Before Jury; Instructions.
Section 768.30 - Exception to Charge or Refusal to Charge; Necessity.
Section 768.31 - Joint Defendants; Discharge for Insufficient Evidence.
Section 768.33 - Offense Consisting of Different Degrees; Subsequent Trial Prohibited.
Section 768.34 - Discharged or Acquitted Prisoner; Liability for Costs or Fees.
Section 768.35 - Plea of Guilty; Investigation by Judge; Sentence; Refusal to Accept.