If a government attorney has sent a written request under Federal Rule of Criminal Procedure 12.1, give the request, charging papers, and current court schedule to your defense lawyer promptly. The ordinary deadline is 14 days after the request, unless the court sets a different time. The response may require your intended alibi location and each witness you plan to rely on, so counsel should compare the request with the actual case record before anything is served. Federal Rule of Criminal Procedure 12.1(a)
Start with the actual request and schedule
Rule 12.1’s notice sequence begins when the government attorney requests notice in writing and states the alleged offense’s time, date, and place. A general alibi question or a pending federal charge alone is not that written request. Do not assume every defendant must give an alibi notice without this request or a case-specific court direction. Have counsel compare the request with the relevant count in the indictment or information and any scheduling order. Rule 12.1(a)(1)
Make a private list for counsel of the request’s date and delivery method, the offense details it identifies, the deadline shown in the court’s orders, and the location records or other information that may matter. A deadline may be set by the court, so do not rely on a general 14-day calculation if an order says otherwise.
Decide with counsel what the notice must identify
If the defense intends to rely on an alibi, Rule 12.1 ordinarily requires written notice within 14 days after the government’s request, or within another time set by the court. The notice must identify each specific place where the defendant claims to have been at the time of the alleged offense and the name, address, and telephone number of each alibi witness the defense intends to use. Rule 12.1(a)(2)
Counsel can compare the location and timeline with the charging papers, available records, and intended witnesses, then decide whether and how to give notice. Do not send a response to the prosecutor yourself or contact a possible witness to coordinate an account. Give the papers and your own accurate recollection to your lawyer.
| Check with counsel | Why it matters |
|---|---|
| The written request and the offense time, date, and place | This is the starting point for the Rule 12.1 request and the location comparison. |
| The request date and any court-set deadline | The ordinary period runs from the request; a court may set another time. |
| Each intended alibi location | The notice calls for each specific place claimed for the alleged time. |
| Each intended alibi witness’s contact information | The rule identifies witnesses the defense intends to rely on; do not treat this as a request for a public witness list. |
| Trial date and later schedule orders | The court’s directions can affect timing and the government’s reciprocal response. |
The government’s response and later changes
After the defense gives notice, the government generally must provide written notice of witnesses it intends to use to establish the defendant’s presence at the scene and witnesses it intends to use to rebut the alibi. For presence-at-the-scene witnesses, it must provide names and, except for victims, addresses and telephone numbers. A victim’s contact information follows a separate court-managed need-and-protection procedure. Unless the court directs otherwise, the government’s response is due within 14 days after the defense notice and no later than 14 days before trial. Rule 12.1(b)
Both sides must promptly disclose qualifying additional witnesses learned about later, before or during trial. Keep counsel updated if new information changes the possible location or witnesses; the first notice does not end that obligation. Rule 12.1(c)
If a deadline or witness issue arises
For good cause, the court may grant an exception to the notice requirements. If a party fails to comply, the court may exclude an undisclosed witness’s testimony about the alibi; exclusion is discretionary, not automatic. Rule 12.1 does not limit the defendant’s right to testify. If the defense later withdraws its notice, the rule also restricts use against the defendant of evidence that the defendant intended to rely on an alibi or a statement connected with that intention. Ask counsel to address a missed deadline, a newly found witness, or a changed defense promptly using the actual request and court schedule. Rule 12.1(d)–(f)
The Law Offices of David S. Chesley can review the written request, charging papers, and court schedule with you. Call (800) 755-5174.