W.R.Cr.P. 12.1

(a) Notice by defendant. — Upon written demand of the attorney for the

state stating the time, date, and place at which the alleged offense was

committed, the defendant shall serve within 10 days, or at such different time

as the court may direct, upon the attorney for the state a written notice of the

defendant’s intention to offer a defense of alibi. Such notice by the defendant

shall state the specific place or places 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.

(b) Disclosure of information by state. — Within 10 days thereafter, but in no

event less than 10 days before trial, unless the court otherwise directs, the

attorney for the state 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.

(c) Continuing duty to disclose. — If prior to or during trial, a party learns

of an additional witness whose identity, if known, should have been included in

the information furnished under subdivision (a) or (b), the party shall promptly

notify the other party or the attorney for the other party of the existence and

identity of such additional witness.

(d) Failure to comply. — Upon the failure of either party to comply with the

requirements of this rule, the court may exclude the testimony of any

undisclosed witness offered by such party as to the defendant’s absence from,

or presence at, the scene of the alleged offense. This rule shall not limit the

right of the defendant to testify in the defendant’s own behalf.

(e) Exceptions. — For good cause shown, the court may grant an exception

to any of the requirements of subdivisions (a) through (d).

(f) Inadmissibility of withdrawn alibi. — Evidence of an intention to rely

upon an alibi defense, later withdrawn, or of statements made in connection

with such intention, is not admissible in any civil or criminal proceeding

against the person who gave notice of the intention.