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NOTICE OF ALIBI

FED. R. CRIM. P. Rule 12.1 requires that upon “written demand” of the attorney for the government “stating the time, date, and place at which the alleged offense was committed” the defendant must list any alibi witnesses he intends to call, the specific place where he claimed to have been, within 10 days or at 10 days prior to the trial, whichever comes first. FED. R. CRIM.

  1. Rule 12.1(b) . Failure to comply may result in exclusion of testimony of undisclosed witnesses); US v. Oliver, 570 F.2d 397 (5th Cir. 1978) (noting good cause shown to excuse non-compliance); US v. Krohn, 558 F.2d 1265 (8th Cir. 1977), cert. denied, 434 US 970 (allowing government to file its written demand on the record day of trial); US v. White, 583 F.2d 899 (6th Cir. 1978) (noting ignorance of whereabouts of defendant’s alibi witness who had been excluded was held not to be “good cause” to excuse compliance).

As to the government’s alibi rebuttal witnesses, failure to include their names on the prosecution’s list of prospective witnesses is fatal to a conviction where the trial court refused to strike the witness’s testimony. Mauricio v. Duckworth, 840 F.2d 454 (7th Cir. 1988).

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