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This entry was published on 2014-09-22
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SECTION 335.2
Notice of alibi
Family Court Act (FCT) CHAPTER 686, ARTICLE 3, PART 3
§ 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.