Also known as: alibis
Written by attorneys · grounded in primary & secondary sources — see below
A defense asserting that the defendant was at a location other than the scene of the alleged offense at the relevant time. The defense renders the defendant's presence at the crime impossible. Federal rules require written notice after a government request that specifies the time, date, and place of the offense.
Ava Adebayo faces charges for a theft at a downtown bank on March 10 at 3 p.m. The prosecutor sends a written request specifying that exact time, date, and location and demands notice of any alibi. Ava's counsel files no response by the deadline. At trial she attempts to call two coworkers to testify she was at a conference across town. The court sustains the objection and bars the coworkers from testifying.
Anthony Arnold is indicted for arson at a warehouse on June 5 at midnight. After receiving a proper written request, his lawyer sends a letter stating only that Anthony was out of town. The letter names no specific place and lists no witnesses. When Anthony later seeks to introduce testimony from three friends who saw him at a distant bar, the court excludes the evidence for failure to provide the required details.
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Amber Alonzo stands trial for robbery at a convenience store on April 12 at 9 p.m. Her timely notice identifies a specific restaurant as her claimed location but supplies no names, addresses, or telephone numbers for any witnesses. When she tries to call two restaurant employees at trial, the prosecutor objects. The court excludes the employees because the notice omitted their contact information.
Antonio Alvarado is charged with assault at a nightclub on July 20. After he serves a proper alibi notice naming two friends, the government must disclose its rebuttal witnesses. The prosecutor fails to provide the names and contact information of two officers who will testify they saw Antonio at the scene. The court permits Antonio to introduce his alibi evidence because the government did not fulfill its reciprocal duty.
Austin Abbott is prosecuted in state court for burglary on September 3. The state rule requires pretrial notice of alibi witnesses. Austin provides the notice listing his brother as a witness. The prosecution discloses its rebuttal witnesses in return. At trial the court admits both sides' evidence. The procedure satisfies constitutional standards because the rule is reciprocal.
Ariana Azizi initially files an alibi notice for a fraud charge but later withdraws it. At sentencing the prosecutor attempts to introduce the withdrawn notice to suggest consciousness of guilt. The court excludes the evidence. The rule prevents use of the withdrawn notice against the defendant in any proceeding.
The notice must identify each specific place where the defendant claims to have been at the time of the alleged offense and must list the name, address, and telephone number of every intended alibi witness. The notice must be served within fourteen days after the request or by any other court-set deadline.
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The court may exclude the testimony of any undisclosed alibi witness. The sanction does not prevent the defendant from testifying personally about his or her own whereabouts.
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No. Evidence of an intention to rely on an alibi defense that is later withdrawn, or any statement made in connection with that intention, is inadmissible in any civil or criminal proceeding against the person who gave the notice.
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Yes. A state may require pretrial notice of an alibi defense without violating the Fifth or Sixth Amendments only when the rule is reciprocal and requires the prosecution to disclose its rebuttal witnesses.
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…927. Given Malloy v. Hogan , 378 U. S. 1 (1964), I join that part of the Court’s opinion in No. 927 relating to the Florida “alibi” procedure. I As a predicate for my conclusions, it is useful to map the circuitous route that has been taken in order to reach the results. In both cases, more patently in Williams…