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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-