Code of Virginia

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Code of Virginia
Title 19.2. Criminal Procedure
Chapter 15. Trial and Its Incidents
3/8/2021

§ 19.2-264.10. (Contingent effective date) Discovery by the Commonwealth.

If the court grants disclosure to the accused under § 19.2-264.8, it shall also order the accused to:

1. Permit the attorney for the Commonwealth to inspect and copy or photograph any written reports of autopsy examinations, ballistic tests, fingerprint analyses, handwriting analyses, blood, urine, and breath analyses, and other scientific testing within the accused's possession, custody, or control that the defense intends to proffer or introduce into evidence at trial or sentencing.

2. Disclose whether the accused intends to introduce evidence to establish an alibi and, if so, disclose the place at which the accused claims to have been at the time the alleged offense was committed.

3. Permit the attorney for the Commonwealth to inspect, copy, or photograph any written reports of physical or mental examination of the accused made in connection with the particular case if the accused intends to rely upon the defense of insanity pursuant to Chapter 11 (§ 19.2-167 et seq.), provided that no statement made by the accused in the course of such an examination disclosed under this article shall be used by the attorney for the Commonwealth in its case-in-chief, whether the examination was conducted with or without the consent of the accused.

4. Notify the attorney for the Commonwealth in writing of the accused's intent to introduce expert opinion testimony at trial or sentencing and to provide the attorney for the Commonwealth with (i) any written report of the expert witness setting forth the witness's opinions and the bases and reasons for those opinions or, if there is no such report, a written summary of the expected expert testimony setting forth the witness's opinions and the bases and reasons for those opinions and (ii) the witness's qualifications and contact information. Nothing in this subdivision shall render inadmissible an expert witness's testimony at the trial or sentencing further explaining the opinions, bases, and reasons disclosed, or the expert witness's qualifications, solely because the further explanatory language was not included in the notice and disclosure provided. Providing a copy of a certificate of analysis from the Virginia Department of Forensic Science or any other agency listed in § 19.2-187, signed by hand or by electronic means by the person performing the analysis or examination, shall satisfy the requirements of this subdivision.

5. Provide to the attorney for the Commonwealth a list of the names and, if known, the addresses of all persons who are expected to testify on behalf of the accused at trial or sentencing. The accused's attorney may redact the personal identifying information of any witness if so authorized by a protection order entered by the court pursuant to § 19.2-264.12. Failure to provide such information shall entitle the attorney for the Commonwealth to a continuance. Such failure shall not constitute a bar on such witness's testimony unless good cause or intentional withholding is shown.

2020, c. 1167.

The chapters of the acts of assembly referenced in the historical citation at the end of this section may not constitute a comprehensive list of such chapters and may exclude chapters whose provisions have expired.