If a Defendant has an alibi for any of the charges filed after a preliminary hearing, he must utilize Rule 567 and file with the Clerk of Courts no later than the filing of the omnibus pretrial motion specifying an intention to offer an alibi defense. He has to serve a copy of the notice with a certificate of service upon the District Attorney and the notice shall contain specific information as to the place or places where the Defendant claims to have been at the time of the alleged offense and the names and addresses of the witnesses whom the Defendant intends to call in support of the claim or alibi.
Important in alibi defenses, under Rule 567, is that if the Defendant fails to serve a notice of alibi defense as required, the Court may exclude entirely any evidence offered by the Defendant for the purpose of proving the defense. The exception is the Defendant may take the stand and give his testimony that he was not there. Of course, the solution is the Judge grant a continuance to enable the Commonwealth to investigate the alibi defense and then in the interest of justice, everyone will be satisfied.
Within 10 days after receipt of the Defendant’s notice of an alibi defense, the District Attorney shall file and serve upon the Defendant’s attorney, written notice of the names and addresses the attorney for the Commonwealth intends to call to disprove or discredit the Defendant’s alibi.
Failure to file this reciprocal notice may cause the evidence offered by the Commonwealth to disprove the alibi excluded.
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