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Rule 12.1 – Notice of Alibi, Insanity or Expert Testimony

May 14, 2021 | Criminal Procedure, Vermont

(a)Notice. A defendant who wishes to offer an alibi, raise the issue of insanity or offer expert testimony relating to a mental disease, or defect or any other mental condition of the defendant bearing upon the issue of his or her guilt must give written notice thereof, together with the information required by subdivision (b) of this rule, to the prosecuting attorney on the date of the status conference, or at least 28 days prior to trial, whichever is sooner. The prosecuting attorney must give the defendant the information required by subdivision (c) of this rule within 14 days after receipt of notice of an alibi. The court may extend the time limits of this subdivision for good cause shown.
(b)Information from the Defense. When the defendant gives notice of an alibi, he shall provide with the notice a written statement of 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 witnesses upon whom he intends to rely to establish such alibi. When the defendant gives notice that sanity is in issue or he will use expert testimony as provided in subdivision (a), he shall provide with the notice a written statement of the names and addresses of the witnesses he intends to call to provide expert testimony or to raise the issue of sanity.
(c)Information from the Prosecution. If the defendant gives notice of his intention to offer an alibi, the prosecution shall provide the defendant with a statement of the names and addresses of those upon whom the state intends to rely to establish defendant’s presence at the scene of the alleged offense.
(d)Continuing Duty to Disclose. If the defendant gives notice as provided in subdivision (a) of this rule, both the defendant and the state shall be under a continuing duty to disclose promptly the names and addresses of additional witnesses which come to the attention of either party subsequent to his having given notice.
(e)Sanctions. Upon failure of either party to comply with the requirements of this rule, the court, except for good cause shown, shall exclude the testimony of any witness offered by such party as to the issue in question.
(f)Inadmissibility of Withdrawn Intention. Evidence of an intention as to which notice was given under subdivision (a), later withdrawn, is not admissible against the person who gave notice of the intention in any civil or criminal proceeding.

Vt. R. Crim. P. 12.1

Amended Dec. 19, 1973, eff. Jan. 1, 1974; Dec. 8, 1981, eff. March 1, 1982; Jan. 14, 1985, eff. March 15, 1985; Nov. 24, 1986, eff. March 1, 1987; amended Sept. 20, 2017, eff. Jan. 1, 2018.

Reporter’s Notes-2018 Amendment

Rule 12.1(a) is amended to conform its 10-day time periods to the contemporaneously amendment of V.R.Cr.P. 45, which adopts the “day is a day” standard for the computation of the running of time periods in criminal cases. In consideration of the practical difficulties associated with investigation of the circumstances of a proffered alibi defense, and with securing and disclosure of expert assessment in the case of insanity or other mental state defenses, the period for provision of notice of such defenses is increased to 28 days under the present amendments, in contrast to other contemporaneous amendments of 10-day periods, which are extended to 14 days.