Also known as: alibi defence · alibi defenses · alibi defences · alibi
Written by attorneys · grounded in primary & secondary sources — see below
A criminal defense asserting that the defendant was not present at the scene of the alleged offense at the time it occurred. The defense requires the defendant to provide timely written notice identifying each specific location claimed and the name, address, and telephone number of each intended witness. Failure to comply permits the court to exclude undisclosed alibi testimony while preserving the defendant's own right to testify.
Select any source to read its text and confirm it supports the definition.
Antonio Alvarado faced charges for submitting false Medicare claims over a weekend. The government served a written request specifying the dates and location. Alvarado's counsel responded with a vague letter claiming he was out of town. The court later considered whether the response satisfied the obligation to notify the government of an intended alibi defense.
Angela Acosta stood trial for sabotaging equipment on a specific night. After the government demanded notice, her attorney filed a response within fourteen days listing only her spouse as an alibi witness. The filing identified the claimed location and contact details, allowing the government to investigate before trial.
Alan Ackerman was indicted for arson. His notice listed three coworkers but omitted their addresses and telephone numbers. The government moved to exclude the witnesses because the required contact details had not been supplied in the alibi disclosure.
Austin Abbott sought to add new alibi witnesses after receiving delayed employment records. The district court excluded the testimony because the defense had not shown good cause for missing the deadline and had failed to supplement the original notice promptly.
Anthony Arnold served timely alibi notice naming two coworkers. The government then disclosed its rebuttal witnesses within fourteen days. The exchange allowed both sides to prepare for trial without surprise.
Adrian Aguilar filed an alibi notice and later withdrew it after new evidence emerged. At trial the government could not introduce the withdrawn notice or related statements against him.
The notice must state each specific place where the defendant claims to have been and the name, address, and telephone number of every intended alibi witness. The government may request this information in writing after specifying the time, date, and place of the alleged offense.
Supporting sources
A court may exclude the testimony of any undisclosed alibi witness if the defendant fails to comply with the notice requirements. The rule authorizes this sanction to prevent unfair surprise and to allow the government time to investigate and prepare rebuttal evidence.
…927. Given Malloy v. Hogan , 378 U. S. 1 (1964), I join that part of the Court’s opinion in No. 927 relating to the Florida “alibi” procedure. I As a predicate for my conclusions, it is useful to map the circuitous route that has been taken in order to reach the results. In both cases, more patently in Williams…
…pitiful in its size when he was a public official, has already shot his mouth off in several places. He is establishing his alibi in advance for what he intends to keep from taking place. "But George, we won't bother you. [Meaning a grand juror.] We are aware that the gambling syndicate was waiting for your body to…
…of trial, announcing his intent to present certain witnesses. See Fed. Rules Crim. Proc. 12.1(a), (e), 16(b)(1)(C); Comment: Alibi Notice Rules: The Preclusion Sanction as Procedural Default, 51 U. Chi. L.Rev. 254, 254-255, 281-285 (1984) (discussing and cataloguing State notice-of-
…sociati sunt, et exteris jus reddunt, si non per omnia secundum jus naturæ, quod multos apud populos ex parte quasi obliteratum alibi ostendimus, certe secundum pacta cum quibus que inita, aut secundam mores." Again, he says (§ 2), "A latronibus captos capientium non fieri, supra dicentem audivimus Ulpianum. Idem captos á…
…hardly renders it unconstitutional. Williams v. Florida , 399 U. S. 78 (1970) (upholding the constitutionality of a notice-of-alibi
Supporting sources
No. A single-sentence letter asserting only that the defendant was out of town without naming witnesses or specifying locations fails to meet the specificity requirements. The rule demands concrete details so the government can investigate the claimed alibi.
Supporting sources
Good cause may exist when newly discovered evidence, such as previously unavailable timekeeping records, prevents earlier identification of witnesses. The court retains discretion to grant an exception, but mere inconvenience or lack of diligence does not qualify.
Supporting sources
No. Evidence of an intention to rely on an alibi defense that is later withdrawn, or any statement made in connection with that intention, is inadmissible in any civil or criminal proceeding against the person who gave the notice.
Supporting sources