Discovery of Alibi WitnessesFed. R. Crim. P. 12.1
Rule 12.1(a) of the Federal Rules of Criminal Procedure permits the
government, on written demand, to discover before trial a defendant's alibi
alibi witnesses. However, in exchange for such discovery, the government
disclose to the defense the names and addresses of the witnesses upon whom
intends to rely to establish the defendant's presence at the scene of the
offense, and any other witnesses to be relied on to rebut testimony by the
witnesses. Rule 12.1(b). The parties are under a continuing duty to notify
other of additional witnesses who should have been included among those
originally disclosed. Rule 12.1(c). Because the Rule provides for
discovery, it should satisfy the constitutional requirements of the Fifth
Amendment. See Williams v. Florida, 399 U.S. 78 (1970);
v. Oregon, 412 U.S. 470 (1973).|
Non-compliance by either party may result in the exclusion of the
testimony of the undisclosed witness (other than the defendant). Rule
See generally Taylor v. Illinois, 484 U.S. 400 (1988), on
as a remedy for discovery abuses; United States v. Reed, 40 F.3d 1069
(10th Cir. 1994), cert. denied, 115 S. Ct. 1387 (1995). A
of bad faith is not a prerequisite to exclusion, but it is an important
in determining whether exclusion is appropriate. United States v.
Johnson, 970 F.2d 907 (D.C. Cir. 1992). Courts may be reluctant
exclude reliable alibi testimony as a sanction for negligent conduct where
prejudice to the government would be minimal. See Bowling v.
3 F.3d 559 (1st Cir. 1993), cert. denied, 510 U.S. 1185
Non-compliance may be excused for good cause shown. Rule 12.1(e).
need to protect the safety of a government witness has been held to
good cause for nondisclosure. See United States v. Wills, 88
704 (9th Cir.), cert. denied, 117 S. Ct. 499 (1996).
If a defendant withdraws an alibi defense, the fact that he once
intended to assert it may not be used against him in any civil or criminal
proceeding. Rule 12.1(f).
[cited in USAM 9-18.000]