An alibi is a form of evidence used to defend against a criminal charge by demonstrating that the accused was somewhere other than the scene of the crime when the crime was committed.
In Montana, as in other states, an alibi is a defense strategy used in criminal proceedings where the defendant aims to prove they were in a different location at the time the alleged crime was committed, and therefore could not have been involved in the crime. The alibi can involve various forms of evidence, such as witness testimony, receipts, videos, electronic tracking data, or any other documentation that can establish the defendant's presence elsewhere. Under Montana law, if a defendant intends to rely on an alibi, they must provide notice to the prosecution before the trial, typically including specific information about the place where they claim to have been and the names and addresses of the witnesses they intend to use to support their alibi. This requirement allows the prosecution to investigate the validity of the alibi claims. Failure to provide timely notice of an alibi can result in the evidence being excluded from the trial. The rules governing alibi defenses in Montana are consistent with the general principles of criminal procedure that aim to ensure fairness and allow for adequate preparation by both the defense and the prosecution.