Page:United States Statutes at Large Volume 89.djvu/433

 PUBLIC LAW 94-64—JULY 31, 1975

8 9 STAT. 3 7 3

" (b) DISCLOSURE OF INFORMATION AND WITNESS.—Within t e n d a y s

thereafter, b u t in no event less than ten days before trial, unless the court otherwise directs, the attorney for the government shall serve upon the defendant or his attorney a written notice stating the names and addresses of the witnesses upon whom the government intends to rely to establish the defendant's presence a t the scene of the alleged offense and any other witnesses to be relied on to rebut testimony of any of the defendant's alibi witnesses. " (c) C O N T I N U I N G D U T Y To DISCLOSE.—If p r i o r to or during t r i a l, a

party learns of an additional witness whose identity, if known, should have been included in the information furnished under subdivision (a) or (b), the party shall p r o m p t l y notify the other party or his attorney of the existence and identity of such additional witness. "(d)

FAILURE TO C O M P L Y. — Upon the failure of either party to

comply with the requirements of t h i s rule, the court may exclude the testimony of any undisclosed witness offered by such party as to the defendant's absence from o r presence at, the scene of the alleged offense. This rule shall not limit the r i g h t of the defendant to testify in his own behalf. " (e) EXCEPTIONS.—For good cause shown, the court may g r a n t an exception to any of the requirements of subdivisions (a) through (d) of this rule. " (f) INADMISSIBILITY OF W I T H D R A W N A L I B I. — E v i d e n c e of an inten-

tion to rely upon a n alibi defense, later withdrawn, or of statements made in connection with such intention, is not admissible in any civil or criminal proceeding against the person who gave notice of the intention.". (14) Rule 12.2(c) is amended to read as follows: " (c) PSYCHIATRIC EXAMINATION. — I n an a p p r o p r i a t e case the court

may, upon motion of the attorney for the government, order the defendant to submit to a psychiatric examination by a psychiatrist designated for this purpose in the order of the court. N o statement made by the accused in the course of any examination provided for by this rule, whether the examination shall be with or without the consent of the accused, shall be admitted in evidence against the accused on the issue of guilt in any criminal proceeding.". (15) Rule 15(a) is amended to read as follows: Depositions. " (a) W H E N T A K E N. — W h e n e v e r due to exceptional circumstances of

the case it is in the interest of justice that the testimony of a prospective witness of a party be taken and preserved for use at trial, the court may upon motion of such party and notice to the parties order that testimony of such witness be taken by deposition and that any designated book, paper, document, record, recording, or other material not privileged, be produced a t the same time and place. I f a witness is committed for failure to give bail to a p p e a r to testify a t a t r i a l or hearing, the court on written motion of the witness and upon notice to the parties may direct that his deposition be taken. After the deposition has been subscribed the court may discharge the witness.". (16) Rule 15 (b) is amended to read as follows: " (b) NOTICE OF T A K I N G. — The party a t whose instance a deposition is to be taken shall give to every party reasonable written notice of the time and place for taking the deposition. The notice shall state the name and address of each person to be examined. On motion of a party upon whom the notice is served, the court for cause shown may extend or shorten the time or change the place for taking the deposition. The officer having custody of a defendant shall be notified of the time and place set for the examination and shall, unless the defendant waives

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