A. In any criminal prosecution for a felony in a circuit court or for a misdemeanor brought on direct indictment, the attorney for the Commonwealth shall have a duty to adequately and fully provide discovery as provided under Rule 3A:11 of the Rules of the Supreme Court. Rule 3A:11 shall be construed to apply to such felony and misdemeanor prosecutions. This duty to disclose shall be continuing and shall apply to any additional evidence or material discovered by the Commonwealth prior to or during trial which is subject to discovery or inspection and has been previously requested by the accused. In any criminal prosecution for a misdemeanor by trial de novo in circuit court, the attorney for the Commonwealth shall have a duty to adequately and fully provide discovery as provided under Rule 7C:5 of the Rules of the Supreme Court.
B. If at any time during the course of the proceedings it is brought to the attention of the court that the attorney for the Commonwealth has failed to comply with this section, the court may order the Commonwealth to permit the discovery or inspection, grant a continuance, or prohibit the Commonwealth from introducing evidence not disclosed, or the court may enter such other order as it deems just under the circumstances.
1985, c. 538; 1995, c. 504; 2004, c. 348.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 15 - Trial and Its Incidents
§ 19.2-239. Jurisdiction in criminal cases
§ 19.2-240. Clerks shall make out criminal docket; transportation orders
§ 19.2-241. Time within which court to set criminal cases for trial
§ 19.2-242. Accused discharged from jail if not indicted in time
§ 19.2-245.01. Offenses involving reports or statements concerning cigarette sales or stamping
§ 19.2-245.1. Forgery; where prosecuted
§ 19.2-245.2. Tax offenses; where prosecuted
§ 19.2-246. Injury inflicted by person within Commonwealth upon one outside Commonwealth
§ 19.2-247. Venue in certain homicide cases
§ 19.2-248. Venue when mortal wound, etc., inflicted in one county and death ensues in another
§ 19.2-249.1. Offenses committed within towns situated in two or more counties; where prosecuted
§ 19.2-249.2. Venue for prosecution of computer and other crimes
§ 19.2-250. How far jurisdiction of corporate authorities extends
§ 19.2-251. When and how venue may be changed
§ 19.2-253. Procedure upon and after change of venue
§ 19.2-254.1. Procedure in traffic infraction cases
§ 19.2-254.2. Procedure in nontraffic offenses for which prepayment is authorized
§ 19.2-255. Defendant allowed to plead several matters of law or fact
§ 19.2-257. Trial without jury in felony cases
§ 19.2-258. Trial of misdemeanors by court without jury; failure to appear deemed waiver of jury
§ 19.2-258.1. Trial of traffic infractions; measure of proof; failure to appear
§ 19.2-260. Provisions of Title 8.01 apply except as provided in this article
§ 19.2-261. Charging grand jury in presence of person selected as juror
§ 19.2-262.1. Joinder of defendants
§ 19.2-262.01. Voir dire examination of persons called as jurors
§ 19.2-263.1. Contact between judge and juror prohibited
§ 19.2-263.2. Jury instructions
§ 19.2-263.3. Juror information confidential
§ 19.2-264.6. through 19.2-264.14
§ 19.2-265. Opening statement of counsel
§ 19.2-265.01. Victims, certain members of the family and support persons not to be excluded
§ 19.2-265.2. Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section)
§ 19.2-265.3. Nolle prosequi; discretion of court upon good cause shown
§ 19.2-265.4. Failure to provide discovery
§ 19.2-265.5. Prosecuting misdemeanor cases without attorney
§ 19.2-266.1. Conviction of lesser offense on indictment for homicide
§ 19.2-266.2. Defense objections to be raised before trial; hearing; bill of particulars