Legal Definitions - notice-of-alibi rule

The notice-of-alibi rule is a procedural principle in criminal law designed to ensure fairness and prevent surprise tactics during a trial. It dictates that if the prosecution makes a formal written request, a defendant who plans to argue they were in a different location (an "alibi") when the alleged crime occurred must provide advance notice to the prosecution. This notification must include the names of any witnesses who will support the alibi and the specific place where the defendant claims to have been at the time of the offense. In a reciprocal fashion, the prosecution is then obligated to inform the defense of any witnesses it intends to call to challenge or disprove the defendant's alibi.

• Example 1: Robbery Accusation

  Imagine Mr. Henderson is accused of robbing a convenience store on a Tuesday evening. His defense strategy is to claim he was at his cousin's house, several towns away, attending a family dinner at the exact time of the robbery. If the prosecutor formally requests alibi information, Mr. Henderson's attorney must notify the prosecution that his cousin, Ms. Rodriguez, will testify as an alibi witness, and state that Mr. Henderson was at Ms. Rodriguez's home during the time the robbery took place. This allows the prosecution to investigate Ms. Rodriguez's potential testimony or find witnesses who might contradict her account before the trial begins.

• Example 2: Assault Charge

  Consider Ms. Chen, who is charged with assault following an incident outside a nightclub late on a Saturday night. Ms. Chen intends to present evidence that she was actually on a weekend trip to a neighboring state, attending a music festival, and has a hotel receipt and a friend, Mr. Davies, who can confirm her presence there. If the prosecution invokes the notice-of-alibi rule, Ms. Chen's legal team must provide notice that Mr. Davies will testify about her presence at the music festival, specifying the festival location and the relevant times. This advance notice gives the prosecution an opportunity to verify Ms. Chen's travel claims or interview Mr. Davies.

• Example 3: Burglary Investigation

  Suppose Mr. Patel is suspected of burglarizing a home on a specific weekday afternoon. Mr. Patel plans to assert that he was at his workplace, a large office building, during the entire time the burglary occurred, and that his electronic key card records and several colleagues can corroborate his presence there. Following a demand from the prosecution, Mr. Patel's attorney would be required to notify the court and the prosecution that Mr. Patel's alibi is his presence at the office, identifying the office location and the names of the specific colleagues who will testify to his presence. This enables the prosecution to review the key card data or interview the mentioned colleagues to assess the strength of the alibi before trial.