Nebraska Revised Statutes
Neb. Rev. Stat. § 29-1927 (2026)
Admission of evidence of alibi; notice required; waiver
✓ current as of July 2026
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No evidence offered by a defendant for the purpose of establishing an alibi to an offense shall be admitted in the trial of the case unless notice of intention to rely upon an alibi is given to the county attorney and filed with the court at least thirty days before trial, except that such notice shall be waived by the presiding judge if necessary in the interests of justice.
Notes of Decisions
Cited in 12
cases (4 in the last 5 years), 1998–2026 · leading case: State v. Woods, 587 N.W.2d 122 (Neb. 1998).
State v. Woods, 587 N.W.2d 122 (Neb. 1998). “At some point prior to trial, Woods evidently filed a notice of intent to use an alibi defense pursuant to Neb. Rev. Stat. § 29-1927 (Reissue 1995), although such notice does not appear in the record on appeal.”
State v. Woods, 577 N.W.2d 564 (Neb. Ct. App. 1998). “Disclosure of Alibi Witnesses Neb. Rev. Stat. § 29-1927 (Reissue 1995) provides as follows: No evidence offered by a defendant for the purpose of establishing an alibi to an offense shall be admitted in the trial of the case unless notice of intention to rely upon an alibi is…”
State v. Thomas, 977 N.W.2d 258 (Neb. 2022). “Relevant to that claim, Thomas filed a notice of an intention to rely upon an alibi pursuant to Neb. Rev. Stat. § 29-1927 (Reissue 2016).”
State v. Sierra, 305 Neb. 249 (Neb. 2020). “In Woods, we held that Neb. Rev. Stat. § 29-1927 (Reissue 2016) does not require disclosure of alibi witnesses and that § 29-1916 (reciprocal discovery) applies only when the defend ant requests “‘comparable items or information’” from the State.”
State v. Veatch, 740 N.W.2d 817 (Neb. Ct. App. 2007). “*827 Pursuant to Neb.Rev.Stat. § 29-1927 (Reissue 1995), a defendant is precluded from offering evidence for the purpose of establishing an alibi to an offense unless notice of intention to rely upon an alibi is given to the county attorney and filed with the court at least 30…”
State v. Stricklin, 967 N.W.2d 130 (Neb. 2021). “Counsel conceded he had not filed a notice of alibi defense in order to present the defense at trial, 8 claiming there was “a conscious decision that we were moving forward without 8 See Neb. Rev. Stat. § 29-1927 (Reissue 2016).”
State v. Sierra, 990 N.W.2d 49 (Neb. Ct. App. 2023). “However, the State also noted that defense counsel had not filed a notice of alibi defense as required by Neb. Rev. Stat. § 29-1927 (Reissue 2016).”
State v. Frausto (Neb. Ct. App. 2016). “See Neb. Rev. Stat. § 29-1927 (Reissue 2008).”
State v. Williams (Neb. Ct. App. 2019). “He allegedly informed his trial counsel that his “girlfriend at the time could provide an alibi for his location at the time of the incident.” Brief for appellant at 14. On May 26, 2017, Williams’ trial counsel filed a “Notice of Alibi Witness,” providing that pursuant to §…”
State v. Carmenates (Neb. Ct. App. 2019). “Carmenates’ trial counsel’s statement was that “[a]t the time of the events alleged by the State[,] [Carmenates] was living in Grand Island and gainfully employed.”
State v. Vannier (Neb. Ct. App. 2026). “In distinguishing a case relied on by Sierra that he believed relieved him of the burden to disclose witnesses, the Supreme Court noted that in the relied upon case, it held that Neb. Rev. Stat. § 29-1927 (Reissue 2016) (evidence of alibi, notice of intent) does not require…”
State v. Gomez (Neb. Ct. App. 2014). “Neb. Rev. Stat. § 29-1927 (Reissue 2008) requires a defendant wishing to present evidence of an alibi defense to file notice of such intention at least 30 days before trial.”
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