Tuesday, June 2, 2015

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.

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