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 North Dakota, as in other jurisdictions, 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 committing the crime. The rules governing the use of alibi defenses in North Dakota are similar to those in other states, where the defendant is typically required to notify the prosecution of their intention to use an alibi defense. This notification must usually include specific information about the place where the defendant claims to have been, as well as the names of any witnesses who can support the alibi. The prosecution is then allowed to investigate the alibi and, if necessary, present evidence to dispute it during the trial. The burden of proof remains on the prosecution to prove the defendant's guilt beyond a reasonable doubt, but a well-substantiated alibi can be a powerful piece of evidence in favor of the defendant.