3.11 Reciprocal Discovery by Commonwealth

• Library: Trial of Capital Murder Cases in Virginia (Virginia CLE) (2019 Ed.)

3.11 RECIPROCAL DISCOVERY BY COMMONWEALTH

The prosecution has an unconditional right to be notified, at least 60 days before trial, that the defendant intends to raise the defense of insanity and to present testimony of an expert to support this claim. ²¹² If the period between indictment and trial is less than 120 days, the notice must be given no later than 60 days after indictment. ²¹³ Other than notice of an insanity

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defense, the prosecution's right to discovery is contingent upon whether the defense has been granted discovery. ²¹⁴ If the defendant files no discovery motion or only requests discovery of the accused's statements, the prosecution has no right to reciprocal discovery.

If the defendant has been granted discovery of material other than statements of the accused, the prosecution has a reciprocal right to discover ²¹⁵ (i) whether the accused intends to raise an alibi defense and, if so, the place at which the defendant claims to have been at the...