Arraignment and Pretrial Provisions

ORS 135.455
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)


Source

Last accessed
Jun. 26, 2021