Indiana Code
Ind. Code § 35-36-4-1 (2026)
Time of filing; requisite information
✓ current as of May 2026
Sec. 1. Whenever a defendant in a criminal case intends to offer in his defense evidence of alibi, the defendant shall, no later than:
(1) twenty (20) days prior to the omnibus date if the defendant is charged with a felony; or
(2) ten (10) days prior to the omnibus date if the defendant is charged only with one (1) or more misdemeanors;
file with the court and serve upon the prosecuting attorney a written statement of his intention to offer such a defense. The notice must include specific information concerning the exact place where the defendant claims to have been on the date stated in the indictment or information.
As added by Acts 1981, P.L.298, SEC.5. Amended by Acts 1982, P.L.204, SEC.30.
Notes of Decisions
Cited in 32
cases (1 in the last 5 years), 1983–2023 · leading case: Campbell v. State, 622 N.E.2d 495 (Ind. 1993).
Campbell v. State, 622 N.E.2d 495 (Ind. 1993). “I respectfully dissent from the majority's holding that the alibi statute, Ind. Code § 35-36-4-1 , is unconstitutional in part.”
Baxter v. State, 522 N.E.2d 362 (Ind. 1988). “Presentation of an alibi defense is governed by Ind. Code § 35-36-4-1 , which provides in relevant part: Whenever a defendant in a criminal case intends to offer in his defense evidence of alibi, the defendant shall, no later than: (1) Twenty [20] days prior to the omnibus date…”
Harrison v. State, 644 N.E.2d 1243 (Ind. 1995). “[22] Indiana Code § 35-36-4-1 (1988) requires a defendant in a felony prosecution to file notice of any alibi defense twenty days before the "omnibus date.”
Smith v. State, 547 N.E.2d 817 (Ind. 1990). “The State objected at trial to Eley's testimony in corroboration of appellant's alibi, and the trial court summarily excluded it due to the violation of the alibi statute, Ind. Code § 35-36-4-1 . Had the alibi notice been properly constituted, exclusion of Eley's testimony would…”
Edwards v. State, 930 N.E.2d 48 (Ind. Ct. App. 2010). “" Ind.Code § 35-36-4-1. Edwards argues the trial court abused its discretion by excluding the testimony of Rachel and Bell pursuant to Ind.”
Lee v. State, 694 N.E.2d 719 (Ind. 1998). “Indiana Code § 35-36-4-1 (1993) requires a defendant to inform the trial court in writing of defendant’s intention to offer an alibi defense to a felony charge.”
Taliaferro v. State, 456 A.2d 29 (Md. 1983). “§ 16-7-102 (1978); Ind. Code Ann. § 35-36-4-1 et seq. (Burns 1979, 1982 Cum.”
Oberst v. State, 935 N.E.2d 1250 (Ind. Ct. App. 2010). “See Ind.Code § 35-36-4-1 (providing that defendant shall file notice of alibi in felony case twenty days before omnibus date).”
Mftari v. State, 537 N.E.2d 469 (Ind. 1989). “The defendant claims that a motion in limine made by his counsel evidences incompetence because it was off the record.”
Carr v. State, 790 N.E.2d 599 (Ind. Ct. App. 2003). “CODE § 35-36-4-1 (addressing timing for notice of alibi defense).”
Dale Atkins v. Richard Brown, 667 F.3d 939 (7th Cir. 2012). “” Nonetheless, despite raising the specter of an alibi, Ess did not file the statutorily-required notice of alibi, see Ind.Code § 35-36-4-1; nor did he tender a jury instruction concerning an alibi defense.”
Seay v. State, 529 N.E.2d 106 (Ind. 1988). “Appellant concedes that he did not comply with Ind.Code § 35-36-4-1 which mandates that whenever a defendant offers an alibi, he must file a notice of his intention to offer an alibi not later than twenty (20) days prior to the omnibus date.”
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