Notice of alibi

§ 335.2. Notice of alibi. 1. At any time not more than fifteen days after the conclusion of the initial appearance and before the fact-finding hearing the presentment agency may serve upon the respondent and file a copy thereof with the court, a demand that if the respondent intends to offer a defense that at the time of the commission of the crime charged he was at some place or places other than the scene of the crime, and to call witnesses in support of such defense, he must within ten days of service of such demand, serve upon such agency, and file a copy thereof with the court, a "notice of alibi", reciting; (a) the place or places where the respondent claims to have been at the time in question, and (b) the names, the residential addresses, the places of employment and the addresses thereof of every such alibi witness upon whom he intends to rely. For good cause shown, the court may extend the period for service of the notice.

2. Within a reasonable time after receipt of the respondent's witness list but not later than ten days before the fact-finding hearing, the presentment agency must serve upon the respondent and file a copy thereof with the court, a list of witnesses such agency proposes to offer in rebuttal to discredit the respondent's alibi at the trial together with the residential addresses, the places of employment and the addresses thereof of any such rebuttal witnesses. A witness who will testify that the respondent was at the scene of the crime is not such an alibi rebuttal witness. For good cause shown, the court may extend the period for service.

3. If at the trial the respondent calls such an alibi witness without having served the demanded notice of alibi, or if having served such a notice he calls a witness not specified therein, the court may exclude any testimony of such witness relating to the alibi defense. The court may in its discretion receive such testimony, but before doing so, it must, upon application of the presentment agency, grant a reasonable adjournment.

4. Similarly, if the presentment agency fails to serve and file a list of any rebuttal witnesses, the provisions of subdivision three shall reciprocally apply.

5. Both the respondent and the presentment agency shall be under a continuing duty to promptly disclose the names and addresses of additional witnesses which come to the attention of either party subsequent to filing his witness list as provided in this section.