19.2-265.4 - Failure to provide discovery. - Virginia Statutes

§ 19.2-265.4. Failure to provide discovery.

A. In any criminal prosecution for a felony in a circuit court or for amisdemeanor brought on direct indictment, the attorney for the Commonwealthshall have a duty to adequately and fully provide discovery as provided underRule 3A:11 of the Rules of the Supreme Court. Rule 3A:11 shall be construedto apply to such felony and misdemeanor prosecutions. This duty to discloseshall be continuing and shall apply to any additional evidence or materialdiscovered by the Commonwealth prior to or during trial which is subject todiscovery or inspection and has been previously requested by the accused. Inany criminal prosecution for a misdemeanor by trial de novo in circuit court,the attorney for the Commonwealth shall have a duty to adequately and fullyprovide discovery as provided under Rule 7C:5 of the Rules of the SupremeCourt.

B. If at any time during the course of the proceedings it is brought to theattention of the court that the attorney for the Commonwealth has failed tocomply with this section, the court may order the Commonwealth to permit thediscovery or inspection, grant a continuance, or prohibit the Commonwealthfrom introducing evidence not disclosed, or the court may enter such otherorder as it deems just under the circumstances.

(1985, c. 538; 1995, c. 504; 2004, c. 348.)