ID. Alibi Ct. Rule & Law: Notice; Newly Discovered Wit's; Exceptions
....if the defense team and BK are in agreement that they are not going to file an alibi, then nothing will happen at the deadline, it will just come and go without anything being filed.
BK can always take the stand during his trial and present his own alibi if he wants to, even if no alibi motion was filed by the deadline.
He just can't call any witnesses to support his alibi if he chooses to do it that way.
snipped for focus.
@Sundog
Agreeing w ^ ¶1 & ^ ¶2 of ^ post.
^ ¶ 3 (per my ¶ numbering of ^ post). Not sure if BK’s (hypothetical, atm) wit’s alibi-specific part of testimony would be automatically excluded, if def’t fails to serve alibi notice & info on state.
Per statutory sub (3) below, if, prior to or even DURING TRIAL, a party discovers new wit. whose identity should have been provided re alibi, that party (def't. or state) shall promptly notify other party of existence & identity of wit.
Per statutory sub (4) below: If either def't or state fails to give notice to other re alibi w wits' name(s), etc., court MAY EXCLUDE testimony of any undisclosed witness, re the ALIBI-SPECIFIC portion of testimony.
So, exclusion of alibi-specific part of that wit's testimony is not automatic (IIUC, not saying I do).
Statutory sub (5) allows ct. to grant exceptions to reqmts of subs (1)- (4). Well, that is, for "good cause shown."
On my ^ interp, as always, welcoming clarification or correction. ICBW.
Also ---
Anybody wonder if BK plans to see how trial progresses, then (try to) insist his def. team pull an alibi rabbit out of a hat and along w it "good cause" for judge to grant exception re alibi wit's?
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* ID. Crim Rule on Alibi Defense Incorporates ID Statute by Reference
isc.idaho.gov
Idaho Criminal Rule 12.1. Notice of Alibi
If the defendant intends to rely on the defense of alibi, the defendant must comply with Idaho Code § 19-519.
(Adopted February 22, 2017, effective July 1, 2017.)
legislature.idaho.gov
Idaho Code § 19-519
TITLE 19
CRIMINAL PROCEDURE
CHAPTER 5
COMPLAINT AND WARRANT OF ARREST
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.]
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