Oregon Revised Statutes
Or. Rev. Stat. § 135.455 (2026)
Notice prior to trial of intention to rely on alibi evidence; content of notice; effect of failure to supply notice
✓ current as of May 2026
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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]
135.460 [Repealed by 1973 c.836 §358]
Notes of Decisions
Cited in 22
cases (2 in the last 5 years), 1977–2025 · leading case: State v. Douglas, 641 P.2d 561 (Or. 1982).
State v. Douglas, 641 P.2d 561 (Or. 1982). “Immediately prior to trial, the prosecutor moved to exclude all evidence of alibi because the defendant had failed to file and serve a notice of intent to present an alibi defense as required under ORS 135.455. Defense counsel represented that she had prepared a notice in proper…”
State v. Edgmand, 761 P.2d 505 (Or. 1988). “ORS 135.455. The trial court sustained the objection and, expressly disregarding her testimony about where she was at the time of the crime, found defendant guilty.”
State v. Birchfield, 157 P.3d 216 (Or. 2007). “In all those instances, however, a defendant simply must provide the state with information that the defendant has, that the defendant controls, and that the defendant will present on the defendant’s behalf in the defendant’s case. None of that evidence implicates a defendant’s…”
State v. Mayo, 465 P.3d 267 (Or. Ct. App. 2020). “, ORS 135.455 (requiring a defendant to provide notice to the state that the defendant “proposes to rely in any way on alibi evidence” to prove that “the defendant in a criminal action was, at the time of com- mission of the alleged offense, at a place other than the place where…”
State v. Mai, 656 P.2d 315 (Or. 1982). “[4] Related statutes include ORS 135.455, the notice of alibi statute, and ORS 161.”
Taliaferro v. State, 456 A.2d 29 (Md. 1983). “§ 46-15-301 (1981); Or. Rev. Stat. § 135.455 (1981); S.D. Comp.”
State v. Larson, 933 P.2d 958 (Or. 1997). “The content of the remark is designed to have that effect in this case, because the jury knows that defendant has given notice of an alibi defense under ORS 135.455 and defendant's failure to offer proof of that alibi is the issue to which the prosecutor's remark was directed.”
State v. Hancock, 854 P.2d 926 (Or. 1993). “835(3); or give notice of an alibi defense, ORS 135.455. [4] Defendant's opportunity to require the attendance of the criminalist protects the truth-finding process that is guaranteed by Article I, section 11, including, specifically, her right to cross-examination.”
State v. Redwine, 717 P.2d 1239 (Or. Ct. App. 1986). “The issue is whether his testimony was improperly limited by the trial court because he had failed to provide a notice of alibi pursuant to ORS 135.455. 1 We affirm. It is not necessary to detail the facts of the crimes to address defendant’s claim of error.”
State v. Thomas, 631 P.2d 1387 (Or. Ct. App. 1981). “The witness was not listed in the police report or in the "Notice of Intent to Rely on Alibi Evidence” which was filed and *378 served upon the District Attorney on May 5,1980, pursuant to ORS 135.455. 3 At a pretrial hearing on the morning of the first day of the trial, May…”
State v. Bray, 383 P.3d 883 (Or. Ct. App. 2016). “875(1), renumbered as ORS 135.455, required the defendant in a criminal prosecution who intended to rely on an alibi to provide the prosecution with notice of “the place or places where the defendant claims to have been at the time or times of the alleged offense together with…”
State v. Coffey, 972 P.2d 1219 (Or. Ct. App. 1999). “At the beginning of trial, the prosecutor moved to exclude defendant’s alibi evidence on the grounds that the defense had failed to comply with the alibi notice requirement of ORS 135.455. 1 Defense counsel *115 asserted that he had “good cause” for not having given the five…”
— Or. Rev. Stat. § 135.455(1) — 4 cases
State v. Meyers, 565 P.3d 463 (Or. Ct. App. 2025).
State v. Pennington, 559 P.2d 915 (Or. Ct. App. 1977).
State v. Meyers, 338 Or. App. 59 (Or. Ct. App. 2025).
State v. Roper, 578 P.2d 479 (Or. Ct. App. 1978).
— Or. Rev. Stat. § 135.455(2) — 4 cases
State v. Redwine, 717 P.2d 1239 (Or. Ct. App. 1986). “The issue is whether his testimony was improperly limited by the trial court because he had failed to provide a notice of alibi pursuant to ORS 135.455. 1 We affirm. It is not necessary to detail the facts of the crimes to address defendant’s claim of error.”
State v. Paniagua-Montes, 330 P.3d 1250 (Or. Ct. App. 2014).
State v. Roper, 578 P.2d 479 (Or. Ct. App. 1978).
State v. Hubbard, 833 P.2d 1313 (Or. Ct. App. 1992).
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