Rules of Court · Part 3 · New Jersey
R. 3:12-2 New Jersey Rules of Court, R. 3:12-2: Notice of Alibi; Failure to Furnish, rendered as code with every cross-reference linked
Notice of Alibi; Failure to Furnish
(a) Alibi. If a defendant intends to rely in any way on an alibi, within 10 days after a written demand by the prosecutor the defendant shall furnish a signed alibi, stating 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. Within 10 days after receipt of such alibi, the prosecutor shall, on written demand, furnish the defendant or defendant's attorney with the names and addresses of the witnesses upon whom the State intends to rely to establish defendant's presence at the scene of the alleged offense. The trial court may order such amendment or amplification as the interest of justice requires.
(b) Failure to Furnish. If the information required in paragraph (a) is not furnished, the court may refuse to allow the party in default to present witnesses at trial as to defendant's absence from or presence at the scene of the alleged offense, or make such other order or grant such adjournment, or delay during trial, as the interest of justice requires.
Note: Former Rules 3:11-1 and -2 amended and redesignated R. 3:12-2 July 13, 1994 to be effective January 1, 1995.
Verbatim rule text, unmarked. Nothing here is a summary.
rule 3:12-2 "Notice of Alibi; Failure to Furnish" {
(a) Alibi. If a defendant intends to rely in any way on an alibi, within 10 days after a written demand by the prosecutor the defendant shall furnish a signed alibi, stating 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. Within 10 days after receipt of such alibi, the prosecutor shall, on written demand, furnish the defendant or defendant's attorney with the names and addresses of the witnesses upon whom the State intends to rely to establish defendant's presence at the scene of the alleged offense. The trial court may order such amendment or amplification as the interest of justice requires.
(b) Failure to Furnish. If the information required in paragraph (a) is not furnished, the court may refuse to allow the party in default to present witnesses at trial as to defendant's absence from or presence at the scene of the alleged offense, or make such other order or grant such adjournment, or delay during trial, as the interest of justice requires.
Note: Former Rules 3:11-1 and -2 amended and redesignated R. 3:12-2 July 13, 1994 to be effective January 1, 1995.
}
referenced_by: 3:11-1, 3:11-2
source: njcourts.gov // verbatim; changed 2025-09-26; corpus harvested 2026-09-02← R. 3:12-1 · chapter 3:12 · all rules
The Rules of Court are a government edict and carry no copyright; the text above is the Judiciary’s own publication, unchanged. Structure, links and highlighting are ours and carry no legal weight. Read the rule on njcourts.gov before you rely on it; amendments take effect each September 1.