23A-9-1      (Rule 12.1(a)) Time of notice to prosecutor of alibi defense--Contents.
23A-9-2      (Rule 12.1(b)) Notice to defendant of rebuttal witnesses on alibi defense.
23A-9-3      (Rule 12.1(c)) Notice to adverse party of newly discovered witness on alibi.
23A-9-4      (Rule 12.1(d)) Exclusion of testimony of undisclosed alibi witness--Defendant's right to testify.
23A-9-5      (Rule 12.1(e)) Exception granted to notice requirements.
23A-9-6      (Rule 12.1(f)) Evidence of alibi notice inadmissible after withdrawal.

23A-9-1. (Rule 12.1(a)) Time of notice to prosecutor of alibi defense--Contents.

Within the time specified in § 23A-8-4 for pretrial motions, upon written demand of the prosecuting attorney stating the time, date, and place at which the alleged offense was committed, a defendant shall serve within ten days, or at such different time as the court may direct, upon the prosecuting attorney a written notice of his intention to offer a defense of alibi. The notice shall state the specific place or places where the defendant claims he was 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.

Source: Supreme Court Rule 362, 1939; SDC 1939 & Supp 1960, § 34.2801; SDCL, § 23-37-5; SL 1974, ch 168, § 1; SL 1978, ch 178, § 117.

23A-9-2. (Rule 12.1(b)) Notice to defendant of rebuttal witnesses on alibi defense.

Within ten days thereafter, but in no event less than ten days before trial, unless the court otherwise directs, the prosecuting 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.

Source: SDCL, § 23-37-6 as enacted by SL 1974, ch 168, § 2; SDCL Supp, § 23-37-5.1; SL 1978, ch 178, § 118.

23A-9-3. (Rule 12.1(c)) Notice to adverse party of newly discovered witness on alibi.

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 § 23A-9-1 or 23A-9-2, he shall promptly notify the other party or his attorney of the existence and identity of such additional witness.

Source: SL 1978, ch 178, § 119.

23A-9-4. (Rule 12.1(d)) Exclusion of testimony of undisclosed alibi witness--Defendant's right to testify.

Upon the failure of either party to comply with the requirements of § 23A-9-1, 23A-9-2, or 23A-9-3, the court shall 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 section shall not limit the right of a defendant to testify in his own behalf.

Source: Supreme Court Rule 362, 1939; SDC 1939 & Supp 1960, § 34.2801; SDCL, § 23-37-6; SL 1974, ch 168, § 1; SDCL Supp, § 23-37-5; SL 1978, ch 178, § 120; SL 1979, ch 159, § 8.

23A-9-5. (Rule 12.1(e)) Exception granted to notice requirements.

For good cause shown, a court may grant an exception to any of the requirements of §§ 23A-9-1 to 23A-9-4, inclusive.

Source: SL 1978, ch 178, § 121.

23A-9-6. (Rule 12.1(f)) Evidence of alibi notice inadmissible after withdrawal.

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.

Source: SL 1978, ch 178, § 122.