5.3 Discovery

• Library: Juvenile Law and Practice in Virginia (Virginia CLE) (2018 Ed.)

5.3 DISCOVERY

5.301 Introduction. The fact that the juvenile justice process has elements of both criminal and civil proceedings has caused particular problems in discovery. As juvenile proceedings have become more adversarial and more closely modeled on adult criminal matters, information that was formerly available on an informal basis often has become more difficult to access. Some informal discovery can be conducted during intake or at a detention hearing, and pretrial motions may provide a glimpse of the government's case. When the transfer or certification of a juvenile to adult court is sought, the transfer or preliminary hearing is a particularly fruitful source of information on the strength of the prosecution's case. Rule 8:15 of the Rules of the Virginia Supreme Court, which pertains to all types of cases in the juvenile and domestic relations district court, allows for considerably more...