Code of Virginia

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Code of Virginia
Title 19.2. Criminal Procedure
Chapter 15. Trial and Its Incidents
3/9/2021

§ 19.2-264.14. (Contingent effective date) Failure to provide discovery or otherwise comply.

A. If at any time during the course of the proceedings the court determines that a party has failed to comply with this article or with an order issued pursuant to this article, the court, in addition to exercising its contempt powers, may (i) order the party to permit discovery or inspection; (ii) grant a continuance or recess; (iii) prohibit the party from introducing evidence that was not disclosed; (iv) declare a mistrial; (v) dismiss the charge, with or without prejudice; or (vi) enter such other order as it deems just under the circumstances.

B. In determining appropriate sanctions, the court shall consider both the materiality of the subject matter and the totality of the circumstances surrounding an alleged failure to comply with this article or an order issued pursuant to this article.

C. For purposes of determining whether to impose personal sanctions for untimely disclosure of a law-enforcement or investigatory agency file, the courts shall presume that the attorney for the Commonwealth and his staff have acted in good faith if such attorney for the Commonwealth and his staff have made a reasonably diligent inquiry of such agency and disclosed the responsive materials.

D. Before the court imposes any sanction, it shall make a specific finding justifying the imposed sanction.

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.