HomeMy WebLinkAbout05752ORDINANCE N0. 5752
AN ORDINANCE AMENDING SECTION 1 -6 -6 OF THE
1971 CODE OF ORDINANCES RELATING TO MUNICIPAL
COURT PROCEDURE AND ALIBI DEFENSES
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, COLORADO that:
(Brackets indicate material being deleted; underscoring indicates
new material being added.)
SECTION 1.
Section 1 -6 -6 of Chapter 6 of Title I of the 1971 Code of
Ordinances of the City of Pueblo, as amended, is hereby amended to
read as follows:
1 -6 -6: RULES OF PROCEDURES NOTICE OF ALIBI
(a) Except as otherwise provided in this Cha
W proceedings in the Municipal Court shall be conducted
pursuant to the Municipal Court Rules of Procedure promul-
gated by the Colorado Supreme Court. The Presiding Judge
shall establish in the Clerk's office as authorized under
Rule 210 of the Colorado Municipal Court Rules of Procedure a
violations bureau and schedule of fines for designated
traffic and other offenses.
(b) In the event a defendant charged with an mun ic i pal
offense intends to introduce evidence at trial that he was at
a place other than that identified in the complaint at the
time of the offense, he shall fi le with the Municipal Court
and serve upon the City A ttorney, not less than 20 days prior
to the date of trial, a written statement specifying the
place where he claims to have been and the _names_ a nd
addresses of the witnesses he will call to support the
defense of alibi. W ithin a reasonable time after service of
the defendant's written statement, the prosecuting attorney
assigned to the case shall file with the Court and serve upon
the defendant or the defendant's attorney a statement
specifying the names and addresses of t he witnesses h will
call in rebuttal of the testimony offered by the alibi
witnesses named in the defendant's statement. I eith the
defendant or the prosecuting attorney fails to file and serve
the statements required by this section, the Court shall
exclude evidence offered in suppo of the defense o alibi
or in rebuttal thereof, as the case may be, unless the Court
finds upon good cause shown that such evidenc sh ould b
admitted in the interest of iustice.
SECTION 2.
This Ordinance shall become effective immediately upon final
passage and approval.
ATTEST:
R
y Clerk
INTRODUCED: April 27, 1992
By SAMUEL CORSENTINO
Councilperson
APPROVED:
( ., -_... G� �
Presi nt o the Council
TF 45.56 -2-