Indiana Code - Criminal Law and Procedure - Title 35, Section 35-36-4-2
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Indiana Law > Criminal Law and Procedure > Indiana Code - Criminal Law and Procedure - Title 35, Section 35-36-4-2
Reply by prosecutor; second statement by defendant; filing and
Sec. 2. (a) When a defendant files a notice of alibi, the
prosecuting attorney shall file with the court and serve upon the
defendant, or upon his counsel, a specific statement containing:
(1) the date the defendant was alleged to have committed the
(2) the exact place where the defendant was alleged to have
committed the crime;
that he intends to present at trial. However, the prosecuting attorney
need not comply with this requirement if he intends to present at trial
the date and place listed in the indictment or information as the date
and place of the crime.
(b) If a reply by the prosecuting attorney is required by subsection
(a) of this section, the prosecuting attorney shall serve such a
statement upon the defendant, or his counsel, within seven (7) days
after the filing of the defendant's first notice of alibi.
(c) If the prosecuting attorney's statement to the defendant
contains a date or place other than the date or place stated in the
defendant's original statement, the defendant shall file a second
statement of alibi if the defendant intends to produce at trial evidence
of an alibi for the date or place contained in the prosecutor's
statement. The defendant shall:
(1) file the second statement with the court; and
(2) serve the second statement upon the prosecuting attorney;
within four (4) days after the filing of the prosecuting attorney's
statement. The defendant's second statement must contain the same
details required in the defendant's original statement.
As added by Acts 1981, P.L.298, SEC.5.
Last modified: May 25, 2006