Failure to file or serve statements; extension of time; exclusion of
evidence
Sec. 3. (a) If either the defendant or the prosecuting attorney fails
to file or serve statements in accordance with section 2 of this
chapter, the judge may extend the time for filing.
(b) If at the trial it appears that the defendant has failed to file and
serve an original statement of alibi in accordance with section 1 of
this chapter, and if the defendant does not show good cause for his
failure, then the court shall exclude evidence offered by the
defendant to establish an alibi.
(c) If at the trial it appears that the prosecuting attorney has failed
to file and serve his statement in accordance with section 2(a) of this
chapter, and if the prosecuting attorney does not show good cause for
his failure, then the court shall exclude evidence offered by the
prosecuting attorney to show:
(1) that the defendant was at a place other than the place stated
in the information or indictment; and
(2) that the date was other than the date stated in the
information or indictment.
(d) If at the trial it appears that the defendant has failed to file and
serve a second statement in accordance with section 2(c) of this
chapter, and if the defendant does not show good cause for his
failure, then the court shall exclude evidence offered by the
defendant to establish that:
(1) he was at a place other than the place specified in the
prosecuting attorney's statement; or
(2) the date was other than the date stated in the prosecuting
attorney's statement.
As added by Acts 1981, P.L.298, SEC.5.
Last modified: May 24, 2006