Colorado § 16-7-102 - Required notice of defense of alibi.

Full text of Colorado Colorado Revised Statutes § 16-7-102 — Required notice of defense of alibi., with citation guidance and answers to common questions.

§ 16-7-102. Required notice of defense of alibi.

If the defendant intends to introduce evidence that the defendant was at a place other than the location of the offense, the defendant shall serve upon the prosecuting attorney as soon as practicable, but not later than thirty-five days before trial, a statement in writing specifying the place where the defendant claims to have been and the names and addresses of the witnesses the defendant will call to support the defense of alibi. Upon receiving the defendant's statement, the prosecuting attorney shall advise the defendant of the names and addresses of any additional witnesses who may be called to refute such alibi as soon as practicable after the names of such witnesses become known. Neither the prosecuting attorney nor the defendant shall be permitted at the trial to introduce evidence inconsistent with the specification statement unless the court for good cause and upon just terms permits the specification statement to be amended. If the defendant fails to make the specification required by this section, the court shall exclude evidence offered in support of the defense of alibi unless the court finds upon good cause shown that such evidence should be admitted in the interest of justice.

Source: L. 72: R&RE, p. 220, § 1. C.R.S. 1963: § 39-7-102. L. 74: Entire section amended, p. 238, § 1, effective March 19. L. 93: Entire section amended, p. 517, § 7, effective July 1. L. 2012: Entire section amended, (SB 12-175), ch. 208, p. 850, § 75, effective July 1.

ANNOTATION

Where the defendant fails to provide notice of the alibi defense and where he fails to request an instruction on alibi, the trial court's failure to instruct on alibi was not plain error. People v. Montgomery, 743 P.2d 439 (Colo. App. 1987).

Applied in People v. McCabe, 37 Colo. App. 181, 546 P.2d 1289 (1975).

PART 2

ARRAIGNMENT

Source: official Colorado text · Last verified 2026-08-27

Frequently Asked Questions About Colorado § 16-7-102

What does Colorado Revised Statutes § 16-7-102 cover?

Section 16-7-102 ("Required notice of defense of alibi.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Colorado § 16-7-102?

A common citation format is "Colorado Revised Statutes § 16-7-102" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Colorado law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.

How does Colorado § 16-7-102 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.