Chapter 2 - 2.13 Criminal Discovery

• Jurisdiction: Virginia

2.13 CRIMINAL DISCOVERY

2.1301 Scope. Effective July 1, 2020, the scope of criminal discovery that is governed by Rule 3A:11 in Virginia circuit courts has been greatly expanded. In both felony cases and misdemeanor cases that are brought by direct indictment, the defendant is entitled to inspect and review any relevant reports prepared by law enforcement officers and made in connection with the particular case, including any written witness statements or written summaries of oral statements contained within those reports, that are known to the Commonwealth's attorney to be in the possession, custody, or control of the Commonwealth.¹⁷⁸ The accused is further entitled to inspect, review, and copy or photograph:

1. Written or recorded statements or confessions, or the substance of any oral statements or confessions, made by the accused to any law enforcement officer that are known to the Commonwealth's attorney to be within the possession, custody, or control of the Commonwealth;¹⁷⁹

2. Written or recorded statements or confessions, or the substance of any oral statements or confessions, made by the accused to any person other than a law enforcement officer that the Commonwealth intends to introduce into evidence against the accused at trial;¹⁸⁰

3. Written or recorded statements, or the substance of any oral statements, made by a co-defendant or co-conspirator that the Commonwealth intends to introduce into evidence against the accused at trial;¹⁸¹

4. Written reports of autopsy examinations; ballistic tests; fingerprint analyses; handwriting analyses; blood, urine, and breath tests; other scientific reports; and written reports of a physical or mental examination of the accused or the alleged victim made in connection with the particular case, or copies thereof, that are known by the Commonwealth's attorney to be within the possession, custody, or control of the Commonwealth;¹⁸² and

5. Designated books, papers, documents, tangible objects, recordings, buildings, or places, or copies or portions thereof that are known by the Commonwealth's attorney to be within the possession, custody, or control of the Commonwealth, upon a showing that the items sought may be material to the preparation of the accused's defense and that the request is reasonable.¹⁸³

Under the amended rule, the Commonwealth is also required to provide to the accused a list of the names and, if known, the addresses of all persons who are expected to testify on behalf of the...