ORS 135.455¹
Notice prior to trial of intention to rely on alibi evidence
  • content of notice
  • effect of failure to supply notice

(1) If the defendant in a criminal action proposes to rely in any way on alibi evidence, the defendant shall, not less than five days before the trial of the cause, file and serve upon the district attorney a written notice of the purpose to offer such evidence, which notice shall state specifically the place or places where the defendant claims to have been at the time or times of the alleged offense together with the name and residence or business address of each witness upon whom the defendant intends to rely for alibi evidence. If the defendant fails to file and serve such notice, the defendant shall not be permitted to introduce alibi evidence at the trial of the cause unless the court for good cause orders otherwise.

(2) As used in this section “alibi evidence” means evidence that the defendant in a criminal action was, at the time of commission of the alleged offense, at a place other than the place where such offense was committed. [Formerly 135.875]

Notes of Decisions

Require­ment that a defendant disclose his alibi de­fense, without the reciprocal require­ment that the prosecutor disclose the evidence to be used to refute the alibi, is an unconstitu­tional viola­tion of due process. Wardius v. Ore., 412 US 470, 93 S Ct 2208, 37 L Ed 2d 82 (1973)

This sec­tion requires that crim­i­nal defendants specifically identify which witnesses will be used to es­tab­lish alibi de­fense and, given that reciprocal discovery is constitu­tionally essential, state must specifically identify which witnesses will be used to rebut alibi. State v. Frye, 34 Or App 871, 581 P2d 528 (1978)

Where defendant complied with this sec­tion by providing notice of her intent to present an alibi de­fense, but failed to give proper notice of the witnesses she intended to call in support of her alibi, it was error for trial court to preclude her from giving testimony re­gard­ing her alibi. State v. Douglas, 292 Or 516, 641 P2d 561 (1982)

Preclusion sanc­tion of this sec­tion excludes only evidence that defendant was at particular place other than loca­tion of crime. State v. Redwine, 79 Or App 25, 717 P2d 1239 (1986)

This sec­tion does not prohibit defendant’s own testimony about loca­tion and activities at time in ques­tion, notwithstanding failure to give prior notice of inten­tion to present alibi evidence. State v. Edgmand, 306 Or 535, 761 P2d 505 (1988)

State­ments made by defendant in pre-sen­tence investiga­tion interview were state­ments made during “pro­ceed­ing relating to guilty plea” and as such were correctly suppressed. State v. Hubbard, 113 Or App 587, 833 P2d 1313 (1992)

Evidence that merely es­tab­lishes that defendant was, at time of alleged of­fense, absent from place where alleged of­fense was committed is not alibi evidence and may not be excluded on ground of failure to give notice re­quired for alibi evidence under this sec­tion. State v. Paniagua-Montes, 264 Or App 216, 330 P3d 1250 (2014), Sup Ct review denied

Law Review Cita­tions

28 WLR 127 (1991)

1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information