Rodowsky, J.,
delivered the opinion of the Court. Eldridge, Cole and Davidson, JJ., dissent. Eldridge, J., filed a dissenting opinion at page 398 infra, in which Cole and Davidson, JJ., concur.
Petitioner, Vernon Thaddeus Taliaferro (Taliaferro), was convicted on May 22, 1980, in a jury trial before the Circuit Court for Prince George’s County, of robbery with a deadly weapon and use of a handgun in the commission of a felony. [378]*378On the last trial day petitioner sought to introduce the testimony of an alibi witness whose identity was disclosed to the State for the first time on that date. Acting under Md. Rule 741,1 the trial court excluded the proffered alibi evidence. There was no other proof from the defense. The conviction was affirmed by the Court of Special Appeals in an unreported opinion. We granted certiorari to consider whether "the trial court’s ruling that Petitioner’s sole witness would not be permitted to testify constitute [d] an abuse of discretion and/or a denial of due process.” We shall hold that, on the facts of this case, there was no abuse of discretion or denial of due process.
[379]*379The victim was John Leo Parker (Parker), an adult, who resided at his mother’s home at 6801 Walkermill Road, in District Heights. On September 1, 1979, at approximately 9:05 P.M., Parker was at home, alone. He answered a knock at the door. It was a man, who was unknown to Parker, inquiring about someone named "Billy”. The light inside the house was on, as well as were two lights outside on the porch. Parker and the man conversed face to face, at a distance of two feet, for an estimated five minutes. Then a second man came up behind the first and pointed a cocked handgun at Parker over the shoulder of the first man. Parker was spun around and led through the house to his mother’s room which the men ransacked. Jewelry, later valued at a minimum of $5,000, was taken. Parker was left tied up. That evening the police showed Parker a photographic array which did not include Taliaferro’s picture. Parker selected one photograph as a "look-alike.” On November 1, 1979, the police showed Parker another photographic array. It contained a picture of Taliaferro whom Parker identified as the robber with whom he had conversed. At trial, Parker also made an identification of Taliaferro in person.
Petitioner was arrested on November 28, 1979 and released on cash bail the next day. He remained on bail continuously until his sentencing. An indictment of Taliaferro and a second man 2 was returned December 19, 1979. Counsel entered her appearance for Taliaferro on January 8, 1980. On February 1, 1980 the State filed a motion for discovery requesting, inter alia, the "name and address of each witness other than the defendant whom the defendant intends to call as a witness to show he was not present at” 6801 Walkermill Road, District Heights, Maryland on September 1, 1979, at approximately 21:05 hours.3 Under Md. Rule 741 e 1 disclosure of any alibi witnesses was due to be furnished by February 11. No written response was ever made.
[380]*380On February 14, 1980 a notice was sent to petitioner’s counsel, with a copy to Taliaferro at his address in Baltimore City, setting trial for April 11, 1980 and setting a pretrial conference for March 27, 1980. By a notice dated March 3, 1980, with copy to petitioner personally, trial was reset from April 11 to May 21, 1980. A March 28, 1980 notice, with copy to petitioner personally, reset the pretrial conference from March 27 to May 6, 1980.
Taliaferro was present with his attorney at the pretrial conference. The court was advised that there would be one defense witness.4 Counsel for both parties signed a pretrial memorandum at that conference which reads in part:
Counsel further certify that .. . the names of all witnesses now known have been exchanged by the parties and that this case is ready for trial.
Counsel certify that all witnesses are available for the trial date ....
On the morning trial was scheduled to begin, May 21, Taliaferro’s counsel requested a continuance. She advised the court that Taliaferro had given her the name and telephone number of a "Karen Bellamy” at the first interview, that counsel had never been able to reach the witness by telephone, but that Taliaferro had that day given counsel the witness’ address. The requested continuance was denied. Trial of Taliaferro’s case began at 2:55 P.M. on May 21, with the selection of the jury. A motion to suppress the photographic identification was heard and denied. Trial on the merits proceeded with the testimony of Parker and of the investigating police officer. On cross-examination, Parker admitted that, at the time of the crime, he was on probation for storehouse breaking. Court adjourned at 5:20 P.M.
Trial resumed at 9:30 A.M. on Thursday, May 22 with brief testimony from Parker’s mother as to the value of the [381]*381property taken. The State rested. Petitioner’s counsel advised the court that Taliaferro had "been in touch with the witness that I was telling you about” and that Taliaferro was "trying to get someone here” from Baltimore. A delay of IV2 hours was requested so that Taliaferro could "try to get him here.” 5 At 10:10 A.M. the court recessed until 11:30 A.M. after denying the defense motion for a judgment of acquittal. The jury was brought back into the courtroom at 12:05 P.M. and excused for lunch with instructions to report back at 1:30 P.M.
Colloquy and testimony in the afternoon of May 22 reveal that Taliaferro had spoken by telephone that morning with an Edward Rich, Jr. (Rich) in Baltimore. Taliaferro is also a resident of Baltimore. Taliaferro’s father had gone to Baltimore and brought Rich to the court house in Upper Marlboro. At 1:25 P.M., in the court house corridor, Rich had been introduced to the prosecutor as an alibi witness. Court reconvened at 1:30 P.M. with the jury in the box. The prosecutor, at sidebar, objected to Rich testifying because "a couple of minutes before court I started to talk to the gentleman — I do not believe that gives me fair opportunity to pursue this gentleman’s background to investigate the evidence that he proposes to give, and if necessary, to get any rebuttal witnesses to his testimony.” The court was asked to preclude the witness from testifying.
Defense counsel stated that she had not known what Rich was to testify to until Rich came to the court house. She had asked Taliaferro previously for witnesses and he had given the name of the friend, Caroline Bellamy, whom counsel had been unable to get to court because of lack of an address.
The court, after stating that the only alternative to excluding the testimony was a continuance, asked the prosecutor what he would have done had Rich’s name been disclosed as an alibi witness the preceding week. This colloquy ensued:
[382]*382[PROSECUTOR]: For one thing, I would have had the police department run a record check on [Rich], try to determine where he lives, what connection he has had with this defendant, or the co-defendant in the past, all sorts of things I can’t do on the spur of the moment. I may not come up with anything.
THE COURT: How long do you need to do that?
[PROSECUTOR]: Monday. That would give me adequate time.
THE COURT: We may have to do that.
[PROSECUTOR]: Let me just check my schedule. Monday is Memorial Day.[6]
THE COURT: I wonder how many of these jurors are due back to work [as jurors] next week. We are going to lose some of them if they have a holiday Monday and they are not due back. I might inquire how many of them would have more time to serve, and then make a decision.
Ladies and gentlemen of the jury, how many of you are winding up your jury service this week?
That ends that. Six people put their hands up.[7]
[DEFENSE COUNSEL]: Is your investigation going to concern itself just with checking with the police?
[PROSECUTOR]: I am not sure exactly, depending on what we may determine, it may require me to consider rebuttal witnesses. I am just not certain, but I had no reason to believe there [383]*383were going to be any alibi witnesses in this ease, and I would just like to sit down and think about it.
The defense proffered that Rich would testify that he had injured his back and head on August 22, 1979, had been confined to his house for approximately three months, and that during at least the first three or four weeks of the confinement, Taliaferro had been at his house each evening, including September 1, the evening of the crime. Defense counsel suggested "a couple of simple telephone calls would provide the investigation” sought by the State, and that it could be done that day. The State replied that "there is a little more involved than a mere record check.” He said there might be other factors which he would like to check out in addition to Rich’s record and his disability. In the course of his argument the State’s Attorney stated that "[i]f the court wants to continue [the case], it is fine with me . .and also that he was "willing to go along with” putting the case off for a few more days.
Following a recess, the trial judge, after outlining most of the procedural history of the case, ruled that he was exercising his discretion to refuse to permit the alibi testimony, for failure to comply with Rule 741 d 3.
Taliaferro elected not to testify. After a conference with counsel in Chambers the court resumed the bench and advised defense counsel that it would give her
the opportunity if you like, to put in the record the efforts that the defendant has made over a period of whatever time to locate and produce this alibi witness because I don’t know that there is anything in here to indicate what, if anything, he has done, and depending on that, it is a matter of diligence as far as I am concerned, and if diligence has been rewarded, as of today, that may be one thing. If there is no diligence, that may be another thing. If there has been some diligence but not much, that would be another thing.
[384]*384Taliaferro was sworn and testified. In substance he said that he had contacted Rich around December 1979. Rich was willing to come to court. At that time Rich was living at his mother’s house, but had subsequently left, and Taliaferro did not know where Rich was living. Taliaferro had gotten in touch with Rich "yesterday, the day before yesterday” by telephoning Rich’s mother’s house and Rich was there. Rich’s mother had lived at the same address and had had the same telephone number since September of 1979. Taliaferro could not say when he had last called Rich’s mother’s home prior to May 21, 1980. When Taliaferro had called Rich’s mother’s home on prior occasions, he would leave a message for Rich but had never received any return calls.
Defense counsel then presented an argument based on the factors set forth in United States v. Myers, 550 F.2d 1036 (5th Cir. 1977), cert. denied, 439 U.S. 847, 99 S. Ct. 147, 58 L. Ed. 2d 149 (1978) as ones to be considered in deciding whether to exclude. In that case, dealing with a prosecution rebuttal witness, the court listed the amount of prejudice resulting from the failure to disclose, the reason for non-disclosure, the extent to which the harm caused by non-disclosure has been mitigated by subsequent events, the weight of the properly admitted evidence supporting the defendant’s guilt, and other relevant factors arising out of the circumstances of the particular case. As to the reason for Taliaferro’s non-disclosure, defense counsel argued that
Mr. Taliaferro has testified the reason he talked to [Rich] in December about it, and then [Taliaferro] was of the opinion that Caroline Bellamy was going to testify, he didn’t have an address for Caroline Bellamy. After he spoke with Mr. Rich, Mr. Rich then moved, and he made efforts to find out where it was he lived. He didn’t know until today where Mr. Rich lived. We couldn’t have provided that if we had to.
In deciding to let its ruling stand, the court explained in part as follows:
[385]*385It appears to me, that if I could have found that the defendant was diligent in his efforts in providing this name and address, and that his diligence just paid off yesterday, that I could then rule that he has done all that the rule requires. However I can’t make that finding. From what I have heard from the way this defendant has testified, he has known the address of the mother of the witness. The mother of the witness still resides at the same address she resided at back in November. It is also obviously very important to this defendant to have this alibi witness here, probably one of the most important decisions of his life .... He waits until two days before the trial to actually locate this witness, when he could have done so early on. He hasn’t made any real effort, except yesterday to locate this witness, and then springs it so to speak on the state the second day of trial.... [Emphasis supplied.]
The reasons underlying a procedure that requires notice of an alibi defense are well stated in Epstein, Advance Notice of Alibi, 55 J. Grim. L., Criminology & Police Sci. 29, 31-32 (1964):
One. — Foremost is the idea that the statute prevents surprise. Alibi has been termed a "hip pocket” defense because of the ease with which it can be manufactured for introduction in the final hours of trial.
Two. — The statute acts to deter false alibis because defendants know that the information furnished will be investigated before trial....
Three. — Pretrial investigation results in a saving of money and trial time. This occurs in two ways. (1) If, after the investigation, the district attorney is satisfied that the alibi is true, the case should be dismissed; (2) the district attorney is not [386]*386surprised at trial by the alibi defense, and there is no need for a continuance to investigate and prepare ....
Four. — Alibis which are presented at trial will be accorded more respect.... [Footnotes omitted.8]
In Williams v. Florida, 399 U.S. 78, 81-82, 90 S. Ct. 1893, 1896, 26 L. Ed. 2d 446, 450 (1970), the Court rejected a due process challenge to Florida’s notice of alibi rule:
We need not linger over the suggestion that the discovery permitted the State against petitioner in this case deprived him of "due process” or a "fair trial.” Florida law provides for liberal discovery by the defendant against the ' State, and the notice-of-alibi rule is itself carefully hedged with reciprocal duties requiring state disclosure to the‘ defendant. Given the ease with which an alibi can be fabricated, the State’s interest in protecting itself against an eleventh-hour defense is both obvious and legitimate. Reflecting this interest, notice-of-alibi provisions, dating at least from 1927, are now in existence in a substantial number of States. The adversary system of trial is hardly an end in itself; it is not yet a poker game in which players enjoy an absolute right always to conceal their cards until played. We find ample room in that system, at least as far as "due process” is concerned, for the instant:Florida rule, which is designed to enhance the search for truth in the criminal trial by insuring both the defendant and the State ample opportunity to investigate certain facts crucial to the determination of guilt or innocence. [Footnotes omitted.]
The Federal Rules of Criminal Procedure have since 1975 included a notice of alibi requirement in Rule 12.1. Upon [387]*387failure of either party to comply with the requirements of that rule, "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.’’ Fed. R. Crim. P. 12.1 (d). United States Courts of Appeals view the imposition of the sanction of exclusion as involving an exercise of discretion and the standard for appellate review is whether there has been an abuse of discretion.9
A requirement for notice of an alibi defense, with identification of proposed alibi and rebuttal to alibi witnesses, now exists under statute or rule of court in 35 of our sister states and in the District of Columbia. There is an express provision for exclusion of alibi witness testimony as a sanction for violation in all but three of these jurisdictions.10 Twenty-three jurisdictions provide that for violation of the alibi disclosure requirements the court "may” exclude the testimony.11 In eight states, the sanction provision states that the court shall exclude the alibi or alibi rebuttal testimony, unless the party offering it shows good cause to the contrary.12 In Michigan, the statute in terms mandates the exclusion of evidence offered in violation of the disclosure [388]*388requirements, without any express good cause exception.13 In Kansas, the statute permits adding to a list of alibi witnesses initially properly filed, but otherwise appears to mandate exclusion for failure to give notice.14
In most states, as in the federal system, the sanction to be applied rests in the discretion of the trial court where there has been a violation of a rule requiring the timely disclosure of alibi or rebuttal witnesses in a criminal case. Application of the sanction is reviewable on appeal to determine if discretion has been abused. The exclusion of testimony from defense alibi witnesses has been sustained in many cases. Among the more recent decisions reaching that result are: Clark v. United States, 396 A.2d 997 (D.C. 1979); Lewis v. State, 411 So. 2d 880 (Fla. App. 1981); State v. Davis, 63 Haw. 191, 624 P.2d 376 (1981); James v. State, 411 N.E.2d 618 (Ind. 1980); People v. Robinson, 104 Ill. App. 3d 20, 432 N.E.2d 340 (1982); People v. Braxton, 81 Ill. App. 3d 808, 401 N.E.2d 1062 (1980); State v. Christensen, 323 N.W.2d 219 (Iowa 1982); State v. Brown, 414 So. 2d 689, 698-99 (La. 1982); Commonwealth v. La Frennie, 13 Mass. App. 977, 432 N.E.2d 535 (1982); State v. Lindsey, 284 N.W.2d 368, 373-74 (Minn. 1979); Eckert v. State, 96 Nev. 96, 605 P.2d 617 (1980); State v. Flohr, 301 N.W.2d 367 (N.D. 1980); State v. Mai, 54 Or. App. 334, 634 P.2d 1367 (1981) (in banc), petition for review allowed, 292 Or. 334, 644 P.2d 1126 (1981).
In the context of a notice of alibi rule, the Supreme Court has not yet passed upon the constitutionality of exclusion as the sanction for violation by an accused. See Wardius v. Oregon, 412 U.S. 470, 472 n.4, 93 S. Ct. 2208, 2211 n.4, 37 L. Ed. 2d 82, 86 n.4 (1973) and Williams v. Florida, supra, 399 U.S. at 83 n.14, 90 S. Ct. at 1897 n.14, 26 L. Ed. 2d at 451 n.14. However, state courts and lower federal courts [389]*389have decided that the exclusion of alibi testimony offered by an accused who has violated an alibi discovery requirement does not offend the Sixth Amendment right to have compulsory process for the obtaining of witnesses. "The reasoning is that the alibi rule does not prevent a defendant from compelling the attendance of witnesses; rather, the rule provides reasonable conditions for the presentation of alibi evidence.” State v. Smith, 88 N.M. 541, 543, 543 P.2d 834, 836 (N.M. Ct. App. 1975).15 See also Rider v. Crouse, 357 F.2d 317 (10th Cir. 1966); United States ex rel. Snyder v. Mack, 372 F. Supp. 1077 (E.D. Pa. 1974); State v. Dodd, 101 Ariz. 234, 237, 418 P.2d 571, 574 (1966); State v. Roberts, 226 Kan. 740, 602 P.2d 1355 (1979); People v. Jackson, 71 Mich. App. 395, 249 N.W.2d 132 (1976); 16 State v. Flohr, supra, 301 N.W.2d 367; Commonwealth v. Vecchiolli, 208 Pa. Super. 483, 224 A.2d 96 (1966); State ex rel. Simos v. Burke, 41 Wis. 2d 129, 163 N.W.2d 177 (1968).17
[390]*390Subsection g of Md. Rule 741 permits the trial court to fashion an appropriate order when a party has failed to comply with that Rule. A court "may,” inter alia, "grant a reasonable continuance, prohibit the party from introducing in evidence the matter not disclosed ... or enter any other order appropriate under the circumstances.” The Maryland rule, while expressly recognizing exclusion as a possible sanction, does not mandate its imposition. Nor does it specify exclusion as the sanction for violation, in the absence of good cause for not imposing it. Rule 741 g leaves the sanction, if any, to the discretion of the trial court. The imposition of an exclusionary sanction against the State or the accused under Rule 741 is circumscribed only by the principle of abuse of discretion and by constitutional limitations, under all of the relevant circumstances.
The exercise of discretion contemplates that the trial court will ordinarily analyze the facts and not act, particularly to exclude, simply on the basis of a violation disclosed by the file. See Bradford v. State, 278 So. 2d 624 (Fla. 1973) (trial court erred by excluding defense witnesses based solely on the absence of their names from witness list furnished state) and State v. Bias, 393 So. 2d 677 (La. 1981) (trial court erred by treating statute that made exclusion discretionary as if exclusion were mandatory). In the instant case, the trial court recognized that it had, and was applying, discretion. It heard extensive arguments from both counsel and a proffer of proof before initially ruling to exclude, then took evidence from the accused, and again heard argument from defense counsel before deciding not to disturb its initial ruling.
Under the approach taken by most courts, whether the exclusion of alibi witness testimony is an abuse of discretion turns on the facts of the particular case. Principal among the relevant factors which recur in the opinions are whether the [391]*391disclosure violation was technical or substantial, the timing of the ultimate disclosure, the reason, if any, for the violation, the degree of prejudice to the parties respectively offering and opposing the evidence, whether any resulting prejudice might be cured by a postponement and, if so, the overall desirability of a continuance. Frequently these factors overlap. They do not lend themselves to a compartmental analysis.
In the case at hand the rule violation was a gross one. There was no attempt at compliance. This is not a case where notice was given a few days late, but well in advance of trial, or given in a technically defective form. Illustrative of what was held to be a technical non-compliance is State v. Silva, 118 R.I. 408, 374 A.2d 106 (1977). Six months prior to trial, but 10 days late under the court rule, the defendant filed a notice of alibi defense, stating that he spent the entire evening in question at two specified addresses and identifying three alibi witnesses. Five weeks prior to trial the disclosure was supplemented by an additional witness’ name, without an address. The trial court excluded the alibi testimony for lack of compliance with the rule’s specificity requirements. It was held there was substantial compliance with the letter and spirit of the rule and that "the trial court abused its discretion in excluding the defendant’s alibi testimony.” Id. at 412, 374 A.2d at 109.
Nor did Taliaferro present any excuse justifying the violation. His counsel had asked about Taliaferro’s witnesses at the first interview and had been given the name and telephone number of Caroline Bellamy. While the record does not explicitly show whether Ms. Bellamy was to be an alibi witness or not, she was not presented as a witness and there is no contention of error in the denial of a postponement to obtain her presence in court. It was Rich who was excluded. Under Taliaferro’s proffer, he was with Rich, at Rich’s mother’s home in Baltimore, every night for a period of weeks surrounding and including the night of the robbery. Taliaferro knew Rich’s name and at least his last known address at his mother’s home. Indeed, in the preceding December Taliaferro and Rich had discussed Rich being a [392]*392witness. But Taliaferro did not give Rich’s name to defense counsel as an alibi witness until the second day of trial. The only justification which Taliaferro attempted to present was that he had not been able to locate Rich. That explanation did not persuade the trial court to ignore the violation. It could not find that Taliaferro "was diligent in his efforts in providing this name and address ....”
In this, respect, the instant matter duplicates United States v. White, supra, 583 F.2d 899. There the accused was aware of the identity of his alibi witness, Walker, for months prior to trial but did not reveal Walker until the close of all of the evidence. The reason given was that the accused had been unable to locate Walker. The Sixth Circuit affirmed barring the alibi witness, and said that
the mere fact that appellant did not know Walker’s whereabouts does not excuse appellant from complying with the identity requirements of Rule 12.1 (a). If appellant had tendered notice of Walker’s identity, the Government would have had an opportunity to locate Walker for the benefit of both parties. [583 F.2d at 902.]
Similarly, where the defendant was charged with committing a crime on August 17 and contended that each night during the period August 13 to August 21 he had spent his time in taverns and then later " 'at the premises occupied by Alice Peasecke,’ ” but did not give notice of alibi until 5:00 o’clock on the afternoon of the day preceding trial, the alibi evidence was excluded. It was held there was no good cause shown for the failure to disclose because the "defendant was aware of this alibi at all times and could have served his notice of alibi in compliance with the statute.” Jensen v. State, 36 Wis. 2d 598, 153 N.W.2d 566, 568, modified, 36 Wis. 2d 598, 154 N.W.2d 769 (1967). In United States v. Barron, supra, 575 F.2d 752, the defendant did not disclose his alibi defense and alibi witnesses to his public defender counsel until after the jury had been empanelled. Counsel immediately advised the government. Based on the accused’s steadfast refusal to cooperate in his own defense, [393]*393coupled with the strength of the government’s case, it was held that there had been no abuse of discretion in excluding the alibi witnesses, even though, as a result of the timing of the government’s discovery request, the defendant’s answer was only one day late. Alibi witnesses who were known to the defendant were also involved in United States v. Smith, supra, 524 F.2d 1288. At a pretrial conference defense counsel told the court that the defendant proposed to present an alibi defense, but counsel was unable to furnish the names of witnesses because the defendant had failed to provide counsel with their names. The trial court ruled the witnesses would not be allowed to testify. At trial, the defendant presented members of his wife’s family as alibi witnesses, but the court adhered to its previous ruling. The District of Columbia Circuit found no abuse of discretion because no explanation had been given for the defendant’s delay in furnishing the names of the witnesses. People v. Braxton, supra, 81 Ill. App. 3d 808, 401 N.E.2d 1062, involved an attempt on the first day of trial to amend discovery answers to present an alibi defense, which was denied. An alibi witness, defendant’s wife of two days, was precluded from testifying. In affirming, the appellate court said:
[N]o evidence was produced showing that the defendant was unaware of his alibi defense and the existence of the alibi witness prior to [the day of trial]. Therefore, the trial judge did not abuse his discretion in denying the motion to amend the answer to discovery. [81 Ill. App. 3d at 815, 401 M.E.2d at 1067.]
Cases like the foregoing may be contrasted with Williams v. State, 97 Nev. 1, 620 P.2d 1263 (1981). There the accused had furnished counsel with the names of four alibi witnesses, and counsel had timely dictated the notice, hut through inadvertence, had failed to file it until seven days prior to the scheduled trial date. The applicable rule required filing ten days prior to trial. However, because of a postponement, trial did not actually begin until ten days after the filing of the notice. Further, the State’s case rested exclusively on the [394]*394testimony of the victim. Under these circumstances it was held that good cause had been shown for relief from strict compliance with the statute.
With respect to the factor of prejudice, it is clear that Rich was the only non-party witness whom Taliaferro had present in court to testify. Further, as the trial judge recognized, Rich’s testimony was important to the defendant. The prosecution’s case rested on an identification only by the victim. However, had the trial court permitted Rich to testify on the afternoon when he was produced in court, the State would have been severely prejudiced. It would have had no opportunity to investigate Rich’s background or to investigate the alibi, disclosed at the last minute, which undertook to place Taliaferro with Rich at Rich’s mother’s home. Taliaferro does not contend that this should have been done. His point is that the court abused its discretion by failing to grant a continuance to enable the State to investigate, particularly since Taliaferro contends that the State conceded that a IV2 day postponement would cure any prejudice. This argument ties reducing prejudice to a continuance and essentially raises the same considerations as an argument that the denial of a continuance to obtain a witness is an abuse of discretion. In that context we have said that the defendant must show, inter alia, " 'that he [has] made diligent and proper efforts to secure the evidence.’ ” Jackson v. State, 288 Md. 191, 194, 416 A.2d 278, 281 (1980), quoting an earlier Jackson v. State, 214 Md. 454, 459, 135 A.2d 638, 640 (1957), cert. denied, 356 U.S. 940, 78 S. Ct. 784, 2 L. Ed. 2d 816 (1958). Here, the trial court, based on Taliaferro’s own testimony, found a lack of diligence both in providing the name and address of Rich, and with respect to Taliaferro’s explanation, in determining Rich’s whereabouts.
Taliaferro’s argument of a concession that a IV2 day continuance would cure any prejudice to the State overstates the prosecutor’s position as reflected by the record. The prosecutor’s statement that a delay from Thursday afternoon until Monday morning would give him "adequate time” was a reference to the time within which Rich’s background and [395]*395connection with the defendant could be checked. The State’s Attorney also asserted that he might wish to bring in rebuttal witnesses. Obviously the prosecutor was not in a position, when Rich was sprung on him at the eleventh hour, to advise the court where an as yet unperformed investigation would lead. While a continuance would relieve the State of the severe prejudice of being required to cross-examine a surprise alibi witness immediately, the short continuance for which petitioner contends could never equate with the opportunity to prepare in the period from February 11 to May 21 to meet a disclosed alibi defense witness. That is what the State was entitled to under Rule 741 in this case. We cannot know what an investigation of Rich and of the alibi would have revealed, and it is speculation to treat the continuance alternative as involving a fixed period of IV2 to 2V2 trial days. If the State, after initial investigation, had requested a further continuance for the purpose of obtaining witnesses to rebut the alibi and to impeach Rich, the matter could have been further exacerbated. We also note that there was no express waiver by Taliaferro of any claim of right to notice from the State of alibi rebuttal witnesses.
Further complicating the problem was that this was a jury trial. The trial court was also entitled to consider that the estimated term of service for half of its jury ended on Friday, May 23, so that a minimum continuance would be until Tuesday, May 27, unless plans which those jurors likely had made for the three day federal holiday were to be ignored.
It has been said that the exclusion sanction should be one of last resort, to be "invoked only in those cases where other less stringent sanctions are not applicable to effect the ends of justice.” State v. Smith, 123 Ariz. 243, 252, 599 P.2d 199, 208 (1979). This approach, if applied to a case like the one at bar, seriously undermines one of the major purposes of an alibi reciprocal discovery rule — avoiding trial interruption and delay. The Advisory Committee on the Federal Rules of Criminal Procedure, in recommending Fed. R. Crim. P. 12.1 stated (62 F.R.D. 271, 294-95):
[396]*396Prohibiting from testifying a witness whose name was not disclosed is a common provision in state statutes.... It is generally assumed that the sanction is essential if the notice-of-alibi rule is to have practical significance.
Rule 12.1 will serve a useful purpose even though rule 16 now requires disclosure of the names and addresses of government and defense witnesses. There are cases in which the identity of defense witnesses may be known, but it may come as a surprise to the government that they intend to testify as to an alibi and there may be no advance notice of the details of the claimed alibi. The result often is an unnecessary interruption and delay in the trial to enable the government to conduct an appropriate investigation. The objective of rule 12.1 is to prevent this by providing a mechanism which will enable the parties to have specific information in advance of trial to prepare to meet the issue of alibi during the trial.
The point is well made by Epstein, Advance Notice of Alibi, supra, 55 J. Crim. L., Criminology & Police Sci. at 35-36:
Excluding the evidence has proved effective .... In contrast, the threat of a continuance is not a sanction at all; the prosecution would be granted a continuance on the ground of surprise, even without the statutory direction. If all the defendant risks is a continuance, he will purposely not give notice because the continuance is valuable to him. When it is granted, it comes after the prosecution has presented its evidence and allows it to get cold. The effect of using continuance as a "sanction” is also contra the deep concern of the bench and bar with trial delay.
[397]*397The majority of courts which have considered the question, and the better reasoned decisions, are generally in accord with Epstein’s analysis. See United States v. White, supra, 583 F.2d at 902 ("Because Walker’s testimony was not offered until both parties had rested at the close of a three day jury trial, a continuance [for investigation] would not have been satisfactory.”); United States v. Barron, supra, 575 F.2d at 757 (If liberal discovery and the prevention of trial delays "are to be effectuated and if the rule is to have any teeth, trial courts must be able to impose sanctions, even the drastic one employed in this case.”); State v. Dodd, supra, 101 Ariz. at 237, 418 P.2d at 574 (1966) ("Because of defendant’s failure to attempt compliance with the notice rule, we find no abuse of discretion in the instant case. Any decision to the contrary would render the force of [the alibi disclosure statute] nugatory.”); Clark v. United States, supra, 396 A.2d at 999 ("[I]t is generally assumed that such a sanction [i.e. exclusion] is essential if the notice-of-alibi rule is to have any practical significance.”); State v. Davis, supra, 63 Haw. at 198, 624 P.2d at 381 (exclusion essential for rule to have practical significance); State v. Christensen, supra, 323 N.W.2d at 223 ("[A] delay in the proceeding would create a substantial time interval between the presentation of the State’s evidence and the defendant’s evidence of alibi. This not only disrupts the judicial process but may also affect the jurors and the outcome of the trial.”); State v. Lindsey, supra, 284 N.W.2d at 374 ("[W]e recognize that the trial court had no other meaningful sanctions at its disposal; it was too far into trial to consider a continuance . .. .”); State v. Woodard, 102 N.J. Super. 419, 426-27, 246 A.2d 130, 134 (1968), cert. denied, 395 U.S. 938, 89 S. Ct. 2004, 23 L. Ed. 2d 453 (1969) ("To have waived the provisions of the rule, at that point in the trial [during cross-examination of the state’s last witness], would have been highly unfair and prejudicial to the State — and an adjournment to allow the State to investigate the witness .. . would not have cured this eleventh hour application.”); State v. Flohr, supra, 301 N.W.2d at 372 ("Quite simply, a defendant with an absolute right to submit evidence withheld [398]*398from discovery has little to lose by being uncooperative. Alternative sanctions [to exclusion] appear less effective and often entail delay and expense, curtailment of discovery, and even potential constitutional problems.”); State ex rel. Simos v. Burke, supra, 41 Wis. 2d at 129, 163 N.W.2d at 182 (Pretrial notice of alibi "avoids mid-trial state motions for adjournment on the ground of surprise to permit investigation of alibi claims. The interests of the prosecution, defense and public are served by such facilitating of orderly, uninterrupted trials for the seeking of the truth and the protection of the rights of all concerned.”).
Months before trial in the case sub judice Taliaferro knew Rich’s identity, his mother’s address, and the date of trial and had been asked by counsel about witnesses. Without any justifying excuse, Taliaferro did not disclose Rich as an alibi witness until the close of the State’s case in a jury trial. The trial court acted well within the bounds of its discretion in excluding Rich’s testimony and in not continuing the case.
Judgment of the Court of Special Appeals afñrmed.
Costs to be paid by the petitioner.