NRS
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.
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 defendant’s 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 defendant’s 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 defendant’s 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 defendant’s 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 defendant’s 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 defendant’s 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.
(Added to NRS by 1969,
350; A 1971,
283; 1991,
301; 1995,
263; 1997,
2365)
Notes of Decisions
Cited in
9
cases, 2004–2019 · leading case:
Butler v. State, 102 P.3d 71 (Nev. 2004).
Butler v. State, 102 P.3d 71 (Nev. 2004).
· cites it 15× “Notice requirements of NRS 174.233 regarding rebuttal alibi witnesses Butler contends that the State failed to comply with the notice requirements of NRS 174.”
Nunnery v. State, 263 P.3d 235 (Nev. 2011).
· cites it 2× “3d 71, 80 (2004) (applying abuse-of-discretion standard to district court’s finding of good cause to excuse prosecution’s failure to comply with notice requirements under NRS 174.233); accord Wilson v. Morris, 369 S.”
Morales v. State, 143 P.3d 463 (Nev. 2006).
· cites it 2× “NRS 174.233(1) requires written disclosure to the State of a defendant’s intention to introduce alibi testimony at least ten days before trial, or at such other time required by the court.”
Grey v. State, 178 P.3d 154 (Nev. 2008).
“7 In contrast, NRS 174.233 does require the disclosure of certain rebuttal alibi witnesses, i.”
State v. Second Jud. Dist. Court of State, 431 P.3d 47 (Nev. 2018).
“See NRS 174.233 through NRS 174.295. 1 Because no constitutional provision, statute, or court rule mandates disclosure of such information, Artiga-Morales held-as most courts confronted with the question have held-that the district court did not err when it declined to order the…”
Boyer, Jr. (Donald) v. State (Nev. 2016).
· cites it 8× “Second, Boyer contends that the district court abused its discretion by permitting the testimony of the State's rebuttal alibi witness because the State noticed the witness too late under NRS 174.233. Next, he alleges that the State committed five instances of prosecutorial…”
— Nev. Rev. Stat. § 174.233(1) — 2 cases
Morales v. State, 143 P.3d 463 (Nev. 2006).
“NRS 174.233(1) requires written disclosure to the State of a defendant’s intention to introduce alibi testimony at least ten days before trial, or at such other time required by the court.”
Boyer, Jr. (Donald) v. State (Nev. 2016).
“Second, Boyer contends that the district court abused its discretion by permitting the testimony of the State's rebuttal alibi witness because the State noticed the witness too late under NRS 174.233. Next, he alleges that the State committed five instances of prosecutorial…”
— Nev. Rev. Stat. § 174.233(2) — 3 cases
Butler v. State, 102 P.3d 71 (Nev. 2004).
“Notice requirements of NRS 174.233 regarding rebuttal alibi witnesses Butler contends that the State failed to comply with the notice requirements of NRS 174.”
Nunnery v. State, 263 P.3d 235 (Nev. 2011).
“3d 71, 80 (2004) (applying abuse-of-discretion standard to district court’s finding of good cause to excuse prosecution’s failure to comply with notice requirements under NRS 174.233); accord Wilson v. Morris, 369 S.”
Boyer, Jr. (Donald) v. State (Nev. 2016).
“Second, Boyer contends that the district court abused its discretion by permitting the testimony of the State's rebuttal alibi witness because the State noticed the witness too late under NRS 174.233. Next, he alleges that the State committed five instances of prosecutorial…”
— Nev. Rev. Stat. § 174.233(4) — 1 case
Morales v. State, 143 P.3d 463 (Nev. 2006).
“NRS 174.233(1) requires written disclosure to the State of a defendant’s intention to introduce alibi testimony at least ten days before trial, or at such other time required by the court.”
— Nev. Rev. Stat. § 174.233(5) — 1 case
Butler v. State, 102 P.3d 71 (Nev. 2004).
“Notice requirements of NRS 174.233 regarding rebuttal alibi witnesses Butler contends that the State failed to comply with the notice requirements of NRS 174.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.