§ 35-36-4-3 — Failure to file or serve statements; extension of time; exclusion of evidence

Indiana § 35-36-4-3

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

Text

(a) If either the defendant or the prosecuting
attorney fails to file or serve statements in accordance with section 2 of
this chapter, the judge may extend the time for filing.
(b) If at the trial it appears that the defendant has failed to file and
serve an original statement of alibi in accordance with section 1 of this
chapter, and if the defendant does not show good cause for his failure,
then the court shall exclude evidence offered by the defendant to
establish an alibi.
(c) If at the trial it appears that the prosecuting attorney has failed
to file and serve his statement in accordance with section 2(a) of this
chapter, and if the prosecuting attorney does not show good cause for
his failure, then the court shall exclude evidence offered by the
prosecuting attorney to show:
(1) that the defendant was at a place other than the place stated in
the information or indictment; and
(2) that the date was other than the date stated in the information
or indictment.
(d) If at the trial it appears that the defendant has failed to file and
serve a second statement in accordance with section 2(c) of this
chapter, and if the defendant does not show good cause for his failure,
then the court shall exclude evidence offered by the defendant to
establish that:
(1) he was at a place other than the place specified in the
prosecuting attorney's statement; or
(2) the date was other than the date stated in the prosecuting
attorney's statement.
As added by Acts 1981, P.L.298, SEC.5.