Bindinglaw

FL · rules

Fla. R. Crim. P. 3.200

Notice of Alibi

activein force · 2026-07-13 – presentact-effective-date

On the written demand of the prosecuting attorney, specifying

as particularly as is known to the prosecuting attorney the place,

date, and time of the commission of the crime charged, a defendant

in a criminal case who intends to offer evidence of an alibi in

defense shall, not less than 10 days before trial or such other time

as the court may direct, file and serve on the prosecuting attorney a

notice in writing of an intention to claim an alibi, which notice shall

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 is known to the defendant or the defendant’s

attorney, the names and addresses of the witnesses by whom the

defendant proposes to establish the alibi. Not more than 5 days

after receipt of defendant’s witness list, or any other time as the

court may direct, the prosecuting attorney shall file and serve on

the defendant the names and 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. Both the defendant and the prosecuting attorney

shall be under a continuing duty to promptly disclose the names

and addresses of additional witnesses who come to the attention of

either party subsequent to filing their respective witness lists as

provided in this rule. If a defendant fails to file and serve a copy of

the notice as herein required, the court may exclude evidence

offered by the defendant for the purpose of providing an alibi,

except the defendant’s own testimony. If the notice is given by a

defendant, the court may exclude the testimony of any witness

offered by the defendant for the purpose of proving an alibi if the

name and address of the witness as particularly as is known to the

defendant or the defendant’s attorney is not stated in the notice. If

the prosecuting attorney fails to file and serve a copy on the

defendant of a list of witnesses as herein provided, the court may

exclude evidence offered by the state in rebuttal to the defendant’s

alibi evidence. If notice is given by the prosecuting attorney, the

court may exclude the testimony of any witness offered by the

prosecuting attorney for the purpose of rebutting the defense of

alibi if the name and address of the witness as particularly as is

known to the prosecuting attorney is not stated in the notice. For

good cause shown the court may waive the requirements of this

rule.

History

Committee Notes 1968 Adoption. The rule is completely new in Florida. Fourteen states have adopted notice of alibi statutes or rules: Arizona Supreme Court Rules of Criminal Procedure 192 (enacted in 1940); Ind.Ann.Stat. 9-1631, 9-1632, 9-1633 (1956) (enacted in 1935); Iowa Code Ann. 777 18 (1958) (enacted in 1941); Kan.Gen.Stat. Ann. 62-1341 (1949) (enacted in 1935); Mich.Stat.Ann. 630.14 (1947) (enacted in 1935); N.J. Superior and County Court Criminal Practice Rule 3:5-9 (1948) (enacted in 1934); N.Y. Code of Crim. Proc. 295-L (1935) (enacted in 1935); Ohio Rev. Code Ann. 2945.58 (1953) (enacted in 1929); Okla.Stat.Ann. 22-585 (1937) (enacted in 1935); S.D. Code 34.2801 (1939) (enacted in 1935); Utah Code Ann. 77-22-17 (1953) (enacted in 1935); Vt.Stat.Ann. 13-6561, 6562 (1958) (enacted in 1935); Wis.Stat.Ann. 955.07 (1958) (enacted in 1935). The rule is modeled after the Ohio, New York, and New Jersey statutes: (1) The requirement of notice in writing is taken from the Ohio statute. (2) The requirement of an initial demand by the prosecuting attorney is based on the New York and New Jersey statutes. (3) The requirement of a mutual exchange of witness lists is based on those statutes which require the defendant to disclose alibi witnesses. In the interest of mutuality, the requirement of a reciprocal exchange of witness lists has been added. The enforcement provision is based on the Ohio and New York statutes. In New York, a defendant who fails to give advance notice of alibi may still give alibi testimony himself. People v. Rakiec, 23 N.Y.S.2d 607, aff’d 45 N.E.2d 812 (1942). For an excellent article on notice of alibi statutes, court decisions thereunder, and some empirical data on the practical effect of the rules, see David M. Epstein, “Advance Notice of Alibi,” 55 J. Crim. L. & Criminology 29 (1964). 1972 Amendment. Same as prior rule. 1992 Amendment. The purpose of the amendments is to gender neutralize the wording of the rule.

Provenance

Source
floridabar.org
Retrieved
2026-09-14
Edition
2026-09-14
Content hash
444e2e3336383165ea1f228fa7b153aceefd3b9c84399551c25c5ebc84bb622b
View the official source →

The link goes to the issuing authority’s own document — the one we read to produce this record. Where a source publishes whole titles rather than sections, your browser may need a moment to jump to the provision.

Unofficial copy of government-published law, reproduced from official sources with full provenance. Not an official publication; verify against official sources before relying on it in a filing. Records in the 'guidance' corpus, and only that corpus, are sub-regulatory (interpretive guidelines, survey procedures) and are not binding law. Validity bounds follow each jurisdiction's declared temporalBasis.

Coverage · API docs

Bindinglaw

Point-in-time US law with the receipt attached. Source URL, retrieval time, content hash, and validity dates on every answer.

curl api.binding.law/v1/law/coverage

© 2026 binding.law · a Jubal, Inc. productAttorneys and firms never pay. Ever.