(a) Notice by Child. A child alleged to be delinquent who intends to offer an alibi defense must serve written notice on the state of any intended alibi defense within the time designated in the scheduling order for making motions or afterward as the court directs. The notice must state:
(1) each specific place where the child claims to have been at the time of the alleged delinquent act; and
(2) the name, address, and telephone number, if any, of each witness on whom the child intends to rely.
(b) Notice by State.
(1) Disclosure. If the child serves a notice of alibi, the state must disclose in writing to the child or the child's attorney:(A) the name, address, and telephone number, if any, of each witness the state intends to rely on to establish the child's presence at the scene of the alleged delinquent act; and(B) each state rebuttal witness to the child's alibi defense.(2) Time to Disclose. Unless the court directs otherwise, the state must give its disclosure within 10 days after the child serves notice of an intended alibi defense.
(c) Continuing Duty to Disclose. Both the child and the state must promptly disclose in writing to the other party the name, address, and telephone number, if any, of each additional witness if:
(1) the disclosing party learns of the witness before or during the adjudication; and
(2) the witness should have been disclosed if the disclosing party had known of the witness earlier.
(d) Exceptions. For good cause, the court may grant an exception to any requirement of this rule.
(e) Failure to Comply. If a party fails to comply with this rule, the court may exclude the testimony of any undisclosed witness regarding the child's alibi. This rule does not limit the child's right to testify.
(f) Inadmissibility of Withdrawn Alibi. Evidence of an intention to rely on an alibi, later withdrawn, or of a statement made in connection with that intention, is not admissible in any proceeding against the person who gave notice of the intention.
Rule 11 was adopted effective March 1, 2010; amended effective July 1, 2021.
Rule 11 was amended, effective July 1, 2021, to update terminology and statutory references consistent with the July 1, 2021, amendments to the Juvenile Court Act, N.D.C.C. chs. 27-20.2, 27- 20.3, and 27-20.4.
SOURCES: Juvenile Policy Board Minutes of June 11, 2021; February 20, 2009; December 5, 2008; August 8, 2008; May 9, 2008; February 29, 2008; September 21, 2007; April 20, 2007.