Art. 727. Notice of alibi
A. Upon written demand of the district attorney stating the time, date, and place at
which the alleged offense was committed, the defendant shall serve within ten days, or at
such different time as the court may direct, upon the district attorney a written notice of
his intention to offer a defense of alibi. Such notice by the defendant shall state the
specific place or places at which the defendant claims to have been at the time of the
alleged offense and the names and addresses of the witnesses upon whom he intends to
rely to establish such alibi.
B. Within ten days thereafter, but in no event less than ten days before trial, unless
the court otherwise directs, the district attorney shall serve upon the defendant or his
attorney a written notice stating the names and addresses of the witnesses upon whom the
state intends to rely to establish the defendant's presence at the scene of the alleged
offense and any other witnesses to be relied on to rebut testimony of any of the
defendant's alibi witnesses.
C. If prior to or during trial, a party learns of an additional witness whose identity,
if known, should have been included in the information furnished under Subsection A or
B, the party shall promptly notify the other party or his attorney of the existence and
identity of such additional witness.
D. Upon the failure of either party to comply with the requirements of this 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. This rule
shall not limit the right of the defendant to testify in his own behalf.
E. For good cause shown, the court may grant an exception to any of the
requirements of Subsections A through D of this Section.
F. Evidence of an intention to rely upon an alibi defense, later withdrawn, or of
statements made in connection with such intention, is not admissible in any civil or
criminal proceeding against the person who gave notice of the intention.
Added by Acts 1977, No. 515, §1.