HAMPTON COUNTY, S.C. (WCBD) – A motion filed Tuesday by counsel for disgraced former Hampton County attorney Alex Murdaugh claims that state prosecutors are unaware of when exactly his wife and son were murdered.

Murdaugh has been indicted for the June 2021 deaths of his wife Margaret (52) and youngest son, Paul (22), who were found shot to death at their family home in Colleton County.

Murdaugh initially claimed that he was visiting his ailing father that evening and came home to find their bodies.

MORE: THE MURDAUGH INVESTIGATION

The motion moves to strike the state’s demand for notice of alibi defense on the grounds that the state filed it improperly.

According to the motion, the state is required to include “the time, date, and place at which the alleged offense occurred as required under Rule 5(e)(1). However, the state failed to include those details in their request.

Murdaugh’s lawyers sent a letter to the state pointing out the error and requesting it be corrected in order to move forward, however an amended motion was not filed.

According to Murdaugh’s lawyers, the state’s failure to file an amended response and failure to “produce any evidence in discovery setting forth the time of the murders, except for the death certificates of Maggie and Paul,” is enough to “conclude that the state cannot establish through forensic evidence or otherwise the time the murders occurred.”

The murder trial is currently set to begin January 23, 2023.

Editor’s note: This story is breaking and will be updated.