There was a great article in the Richmond Times-Dispatch this week on potential changes to what evidence people charged with a crime are entitled to receive. Currently those charged with a crime are not entitled to receive much of anything to aid them in their defense. The full report can be found here. The proposal's main recommendations are:
If you have comments about this proposal, your can write to:
Patricia L. Harrington, Clerk
Supreme Court of Virginia
100 North Ninth Street, 5th Floor
Richmond, VA 23219
or you can send a copy of your copies via email to scvclerk@courts.state.va.us.
• The Committee proposes that
routine discovery shall be triggered by the filing of written notice by the accused
rather than requiring
the accused to file a motion seeking
discovery.
• The Committee proposes that
police reports, including witness interviews, be subject to discovery, with broad provision for withholding, redacting or restricting disclosure of police reports
for good cause.
• The Committee proposes that
witness statements be subject to discovery on a reciprocal basis, with broad provision for
withholding, redacting or restricting disclosure of witness statements for
good cause.
• The Committee proposes that
witness lists be provided by each party shortly before trial, subject to
modification by the court for good cause shown.
• The Committee proposes that a
prosecutor's duty to disclose
exculpatory information be set
forth explicitly by rule.
•
The Committee
proposes that the Rule governing subpoena duces tecums be modified:
(1) to set out in detail
the trial court's
authority to quash, prohibit
or limit disclosure; (2) to define who is -- and who is not -- a "party" for purposes of a subpoena
duces tecum;
(3)
to incorporate statutory privacy provisions involving health records
and certain other confidential
information; and (4) to provide for ex parte proceedings in certain narrow circumstances.
• The Committee proposes that the
parties in a criminal case be required to provide on a reciprocal basis
expert witness disclosures similar to that provided in civil cases.
If you have comments about this proposal, your can write to:
Patricia L. Harrington, Clerk
Supreme Court of Virginia
100 North Ninth Street, 5th Floor
Richmond, VA 23219
or you can send a copy of your copies via email to scvclerk@courts.state.va.us.
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