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Ohio Revised Code

Ohio Rev. Code § 2945.58 (2026)

Alibi

✓ current as of May 2026
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Effective:
September 14, 2016
Latest Legislation:
House Bill 123 - 131st General Assembly
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Whenever a defendant in a criminal cause proposes to offer in the defendant's defense, testimony to establish an alibi on the defendant's behalf, such defendant shall, not less than seven days before the trial of such cause, file and serve upon the prosecuting attorney a notice in writing of the defendant's intention to claim such alibi. Notice shall include specific information as to the place at which the defendant claims to have been at the time of the alleged offense. If the defendant fails to file such written notice, the court may exclude evidence offered by the defendant for the purpose of proving such alibi.
Notes of Decisions
Cited in 14 cases (2 in the last 5 years), 1961–2024 · leading case: Williams v. Florida, 399 U.S. 78 (1970).
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Williams v. Florida, 399 U.S. 78 (1970). · cites it 2× “§ 295- l (1958); Ohio Rev. Code Ann. § 2945.58 (1954); Okla.”
Taliaferro v. State, 456 A.2d 29 (Md. 1983). · cites it 2× “1; Ohio Rev. Code Ann. § 2945.58 (Page 1982); Pa.”
State ex rel. Jackman v. Court of Common Pleas of Cuyahoga Cnty., 224 N.E.2d 906 (Ohio 1967). · cites it 2× “Section 2945.58 of the Ee-vised Code requires that a defendant file a notice of intention to *163 claim an alibi not less than three days prior to the trial.”
State v. Hamilton, 665 N.E.2d 669 (Ohio 1996). “16, which requires a board of education’s treasurer to furnish a teacher with written notice of the grounds supporting the board’s intention to terminate the teacher’s contract ten days prior to any formal action with respect to such termination; R.”
State v. Sanders, 2016 Ohio 7204 (Ohio Ct. App. 2016). “{¶15} Appellant entered pleas of not guilty and filed a notice of alibi pursuant to R.C. 2945.58 and Crim.R. 12.1. {¶16} The case proceeded to trial by jury.”
State v. Hamilton, 1996 Ohio 440 (Ohio 1996). “16, which requires a board of education’s treasurer to furnish a teacher with written notice of the grounds supporting the board’s intention to terminate the teacher’s contract ten days prior to any formal action with respect to such termination; R.C. 2945.58 and Crim. R. 12.1,…”
State v. Halfhill, 2022 Ohio 3242 (Ohio Ct. App. 2022). · cites it 3× “{¶7} The court then stated that it would allow the alibi testimony despite the failure to comply with R.C. 2945.58 {¶8} Halfhill’s mother, Ruth Daniels, also testified.”
Riley v. Havener, 391 F. Supp. 1177 (N.D. Ohio 1974). · cites it 2× “Respondent submits that as to all claims except those challenging the constitutionality of the Ohio notice of alibi statute, O.R.C. § 2945.58, petitioner’s state remedies have been exhausted.”
In re T.T., 2016 Ohio 5075 (Ohio Ct. App. 2016). “how many witnesses counsel wished to question; the state immediately objected on the basis of counsel’s failure to provide notice under R.C. 2945.58 (and Crim.R. 12.1). A recess was taken and off-record discussions took place in the court’s chambers.”
Rodriguez v. Superior Court, 9 Cal. App. 3d 493 (Cal. Ct. App. 1970). “§ 295-1 (1958); Ohio Rev. Code Ann. § 2945.58 ; Okla. Stat.”
State v. Goode, 195 N.E.2d 581 (Ohio Ct. App. 1962). · cites it 2× “At the conclusion of the trial, the state moved that all alibi testimony be stricken because notice of alibi was not filed and served upon the prosecuting attorney as required by Section 2945.”
State v. Cunningham, 185 N.E.2d 327 (Ohio Ct. App. 1961). · cites it 8× “The trial judge after a careful consideration of the requirements of Section 2945.58, Eevised Code, excluded the testimony relative to the alibi.”
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