MS · rules
Miss. R. Crim. P. 17.4
Notice of Defenses
(a) Alibi Defense.
(1) In General. Upon the written demand of the prosecuting attorney stating the
time, date, and place at which the alleged offense was committed, the defendant
shall serve within ten (10) days, or at such other time as the court may direct,
upon the prosecuting attorney, a written notice of the intention to offer a defense
of alibi, which notice shall state the specific place(s) at which the defendant
claims to have been at the time of the alleged offense and the names and
addresses of the witnesses upon whom the defendant intends to rely to establish
such alibi.
Within ten (10) days thereafter, but in no event less than ten (10) days before the
trial, unless the court otherwise directs, the prosecuting attorney shall serve
upon the defendant or the defendant’s attorney a written notice stating the names
and addresses of the witnesses upon whom the State intends to rely to establish
the defendant’s presence at the scene of the alleged offense and any other
witnesses to be relied on to rebut testimony of any of the defendant’s alibi
witnesses.
If, prior to or during trial, a party learns of an additional witness whose identity,
if known, should have been included in the information previously furnished,
the party shall promptly notify the other party or the other party’s attorney of the
name and address of such additional witness.
(2) Effect of Failure to Comply. Upon the failure of either party to comply with
subsection (a)(1), the court may use such sanctions as it deems proper,
including:
(A) Granting a continuance;
(B) Limiting further discovery of the party failing to comply;
(C) Finding the attorney failing to comply in contempt; or
(D) Excluding the testimony of the undisclosed witness.
(3) Additional Provisions. Subsections (a)(1) and (a)(2) do not limit the
defendant’s right to testify in the defendant’s own behalf.
(b) Insanity Defense.
(1) In General. If a defendant intends to rely upon the defense of insanity at the
time of the alleged crime, the defendant shall, within the time provided for filing
pretrial motions or at such later time as the court may direct, serve upon the
prosecuting attorney and the clerk of the court a written notice of the intention
to offer a defense of insanity.
Within ten (10) days thereafter, but in no event less than ten (10) days before the
trial, unless the court otherwise directs, the defendant shall serve upon the
prosecuting attorney the names and addresses of the witnesses upon whom the
defendant intends to rely to establish the defense of insanity.
If a defendant intends to introduce expert testimony relating to a mental illness,
defect, or other condition bearing upon the issue of whether the defendant had
the mental state required for the offense charged, the defendant shall, within the
time provided for the filing of pretrial motions or at such later time as the court
may direct, serve upon the prosecuting attorney and the clerk of the court notice
of such intention, with the names and addresses of such expert witnesses upon
whom the defendant intends to rely.
The prosecuting attorney shall serve notice on the defendant promptly, but in no
event less than ten (10) days prior to trial, stating the names and addresses of
any witnesses upon whom the State intends to rely relating to the issue of the
defendant’s mental condition at the time of the alleged offense or the
defendant’s mental state required for the offense charged.
If, prior to or during trial, either party learns of an additional witness whose
identity should have been included in the notice under this rule, the party shall
promptly notify the other party or the other party’s attorney of the name and
address of such additional witness.
(2) Effect of Failure to Comply. If there is a failure to comply with the
requirements of subsection (b)(1), the court may use such sanctions as it deems
proper, including:
(A) Granting a continuance and/or assessing costs against the
appropriate attorney or party;
(B) Limiting further discovery of the party failing to comply;
(C) Finding the attorney failing to comply in contempt; or
(D) Excluding the testimony of appropriate witnesses.
(c) Exceptions. For good cause shown, the court may grant an exception to the
requirements of sections (a) and (b).
History
Comment: Rule 17.4, based upon former Rules 9.05 and 9.07 of the Uniform Rules of Circuit and County Court, addresses the defendant’s duty to provide written notice to the prosecuting attorney of any intention to introduce evidence at trial raising the defenses of alibi and/or insanity.
Provenance
- Source
- courts.ms.gov
- Retrieved
- 2026-09-25
- Edition
- 2026-09-25
- Content hash
e1eead786cb72c5e360c4a57652af40e25bdacbdae787bffe6f55c696369bdb5
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