768.21 Failure to file and serve notices or to state names of witnesses with particularity; exclusion of evidence.
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768.21 Failure to file and serve notices or to state names of witnesses with particularity; exclusion of evidence.
Sec. 21.
(1)If the defendant fails to file and serve the written notice prescribed in section 20 or 20a, the court shall exclude evidence offered by the defendant for the purpose of establishing an alibi or the insanity of the defendant. If the notice given by the defendant does not state, as particularly as is known to the defendant or the defendant's attorney, the name of a witness to be called in behalf of the defendant to establish a defense specified in section 20 or 20a, the court shall exclude the testimony of a witness which is offered by the defendant for the purpose of establishing that defense.
(2)If the prosecuting attorney fails to file and serve a notice of rebuttal upon the defendant as provided in section 20 or 20a, the court shall exclude evidence offered by the prosecution in rebuttal to the defendant's evidence relevant to a defense specified in section 20 or 20a. If the notice given by the prosecuting attorney does not state, as particularly as is known to the prosecuting attorney, the name of a witness to be called in rebuttal of the defense of alibi or insanity, the court shall exclude the testimony of a witness which is offered by the prosecuting attorney for the purpose of rebutting that defense.
History: 1927, Act 175, Eff. Sept. 5, 1927 ;-- CL 1929, 17314 ;-- CL 1948, 768.21 ;-- Am. 1974, Act 63, Eff. May 1, 1974 ;-- Am. 1975, Act 180, Eff. Aug. 6, 1975 ;-- Am. 1976, Act 51, Imd. Eff. Mar. 21, 1976
Compiler's Notes: Section 2 of Act 63 of 1974 provides:“Section 2. To give judges, prosecutors, and defense counsel a reasonable opportunity to become aware of and familiar with the time periods and sequence prescribed in this amendatory act and the effects of noncompliance, sections 20 and 21 of chapter 8 of Act No. 175 of the Public Acts of 1927, being sections 768.20 and 768.21 of the Michigan Compiled Laws, as amended by this amendatory act shall take effect May 1, 1974, and apply to cases in which the arraignment on an information occurs on or after that date.
The other provisions of this amendatory act shall take effect May 1, 1974 and apply to offenses committed on or after that date.”