§ 35-36-4-2 — Reply by prosecutor; second statement by defendant; filing and service

Indiana § 35-36-4-2

• Jurisdiction: Indiana
• Art. 36: PRETRIAL NOTICES, MOTIONS, AND
• Ch. 4: Notice of Alibi Defense

Text

(a) When a defendant files a notice of alibi, the
prosecuting attorney shall file with the court and serve upon the
defendant, or upon his counsel, a specific statement containing:
(1) the date the defendant was alleged to have committed the
crime; and
(2) the exact place where the defendant was alleged to have
committed the crime;
that he intends to present at trial. However, the prosecuting attorney
need not comply with this requirement if he intends to present at trial
the date and place listed in the indictment or information as the date
and place of the crime.
(b) If a reply by the prosecuting attorney is required by subsection
(a) of this section, the prosecuting attorney shall serve such a statement
upon the defendant, or his counsel, within seven (7) days after the
filing of the defendant's first notice of alibi.
(c) If the prosecuting attorney's statement to the defendant contains
a date or place other than the date or place stated in the defendant's
original statement, the defendant shall file a second statement of alibi
if the defendant intends to produce at trial evidence of an alibi for the
date or place contained in the prosecutor's statement. The defendant
shall:
(1) file the second statement with the court; and
(2) serve the second statement upon the prosecuting attorney;
within four (4) days after the filing of the prosecuting attorney's
statement. The defendant's second statement must contain the same
details required in the defendant's original statement.
As added by Acts 1981, P.L.298, SEC.5.