Nevada Code § 174.233

Disclosure by defendant of intent to claim alibi; defendant to disclose list of alibi witnesses; prosecuting attorney to disclose list of rebuttal witnesses; continuing duty to disclose; sanctions
Open in Lexace · Ask the AI about this section
1. In addition to the written notice
required by NRS 174.234 , a defendant in
a criminal case who intends to offer evidence of an alibi in his or her defense
shall, not less than 10 days before trial or at such other time as the court
may direct, file and serve upon the prosecuting attorney a written notice of
the defendants intention to claim the alibi. The notice must contain specific
information as to the place at which the defendant claims to have been at the
time of the alleged offense and, as particularly as are known to defendant or
the defendants attorney, the names and last known addresses of the witnesses
by whom the defendant proposes to establish the alibi.
2. Not less than 10 days after receipt of
the defendants list of witnesses, or at such other time as the court may
direct, the prosecuting attorney shall file and serve upon the defendant the
names and last known addresses, as particularly as are known to the prosecuting
attorney, of the witnesses the State proposes to offer in rebuttal to discredit
the defendants alibi at the trial of the cause.
3. Both the defendant and the prosecuting
attorney have a continuing duty to disclose promptly the names and last known
addresses of additional witnesses which come to the attention of either party
after filing their respective lists.
4. If a defendant fails to file and serve
a copy of the notice required by this section, the court may exclude evidence
offered by the defendant to prove an alibi, except the testimony of the
defendant. If the notice is given by a defendant, the court may exclude the
testimony of any witness offered by the defendant to prove an alibi if the name
and last known address of the witness, as particularly as are known to the
defendant or the defendants attorney, are not stated in the notice.
5. If the prosecuting attorney fails to
file and serve a copy on the defendant of a list of witnesses as required by
this section, the court may exclude evidence offered by the State in rebuttal
to the defendants evidence of alibi. If the list is filed and served by the
prosecuting attorney, the court may exclude the testimony of any witness
offered by the prosecuting attorney for the purpose of rebutting the evidence
of alibi if the name and last known address of the witness, as particularly as
are known to the prosecuting attorney, are not stated in the notice. For good
cause shown the court may waive the requirements of this section.

‹ Prev All Nevada sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.