Comments on Changes to Criminal Discovery

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:

•    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.