{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-265.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-265.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-265.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-265.4.html"}],"law_id":79731,"edition_id":1,"section_id":79731,"structure_id":13621,"section_number":"19.2-265.4","catch_line":"Failure to provide discovery","history":"1985, c. 538; 1995, c. 504; 2004, c. 348.","full_text":"A\n\nIn 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\n\nIf 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.","order_by":null,"text":{"0":{"id":285718,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285719,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13621,"edition_id":1,"name":"Miscellaneous Provisions","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12803,"metadata":{},"date_created":"2026-06-26 03:45:24","date_modified":"2026-06-26 03:45:24","permalink":{"id":169157,"object_type":"structure","relational_id":13621,"identifier":"5","token":"19.2\/15\/5","url":"\/19.2\/15\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12803,"edition_id":1,"name":"Trial and Its Incidents","identifier":"15","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168975,"object_type":"structure","relational_id":12803,"identifier":"15","token":"19.2\/15","url":"\/19.2\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":56724,"structure_id":13621,"section_number":"19.2-265","catch_line":"Opening statement of counsel","url":"\/19.2-265\/","token":"19.2\/15\/5\/19.2-265","metadata":false},{"id":85173,"structure_id":13621,"section_number":"19.2-265.01","catch_line":"Victims, certain members of the family and support persons not to be excluded","url":"\/19.2-265.01\/","token":"19.2\/15\/5\/19.2-265.01","metadata":false},{"id":54588,"structure_id":13621,"section_number":"19.2-265.1","catch_line":"Exclusion of witnesses (Subsection (a) of Supreme Court Rule 2:615 derived in part from this section and subsection (c) of Supreme Court Rule 2:615 derived from this section)","url":"\/19.2-265.1\/","token":"19.2\/15\/5\/19.2-265.1","metadata":false},{"id":62995,"structure_id":13621,"section_number":"19.2-265.2","catch_line":"Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section)","url":"\/19.2-265.2\/","token":"19.2\/15\/5\/19.2-265.2","metadata":false},{"id":78352,"structure_id":13621,"section_number":"19.2-265.3","catch_line":"Nolle prosequi; discretion of court upon good cause shown","url":"\/19.2-265.3\/","token":"19.2\/15\/5\/19.2-265.3","metadata":false},{"id":79731,"structure_id":13621,"section_number":"19.2-265.4","catch_line":"Failure to provide discovery","url":"\/19.2-265.4\/","token":"19.2\/15\/5\/19.2-265.4","metadata":false},{"id":54730,"structure_id":13621,"section_number":"19.2-265.5","catch_line":"Prosecuting misdemeanor cases without attorney","url":"\/19.2-265.5\/","token":"19.2\/15\/5\/19.2-265.5","metadata":false},{"id":66348,"structure_id":13621,"section_number":"19.2-265.6","catch_line":"Dismissal of criminal charges on Commonwealth's motion; effect of dismissal of criminal charges","url":"\/19.2-265.6\/","token":"19.2\/15\/5\/19.2-265.6","metadata":false},{"id":73702,"structure_id":13621,"section_number":"19.2-266","catch_line":"Exclusion of persons from trial; photographs and broadcasting permitted under designated guidelines; exceptions","url":"\/19.2-266\/","token":"19.2\/15\/5\/19.2-266","metadata":false},{"id":79118,"structure_id":13621,"section_number":"19.2-266.1","catch_line":"Conviction of lesser offense on indictment for homicide","url":"\/19.2-266.1\/","token":"19.2\/15\/5\/19.2-266.1","metadata":false},{"id":86223,"structure_id":13621,"section_number":"19.2-266.2","catch_line":"Defense objections to be raised before trial; hearing; bill of particulars","url":"\/19.2-266.2\/","token":"19.2\/15\/5\/19.2-266.2","metadata":false},{"id":70813,"structure_id":13621,"section_number":"19.2-266.3","catch_line":"Continuances; appearances of parties","url":"\/19.2-266.3\/","token":"19.2\/15\/5\/19.2-266.3","metadata":false},{"id":60932,"structure_id":13621,"section_number":"19.2-266.4","catch_line":"Expert assistance for indigent defendants","url":"\/19.2-266.4\/","token":"19.2\/15\/5\/19.2-266.4","metadata":false}],"previous_section":{"id":78352,"structure_id":13621,"section_number":"19.2-265.3","catch_line":"Nolle prosequi; discretion of court upon good cause shown","url":"\/19.2-265.3\/","token":"19.2\/15\/5\/19.2-265.3","metadata":false},"next_section":{"id":54730,"structure_id":13621,"section_number":"19.2-265.5","catch_line":"Prosecuting misdemeanor cases without attorney","url":"\/19.2-265.5\/","token":"19.2\/15\/5\/19.2-265.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-265.4\/","history_text":"

This law was first created in 1985. The record of its establishment is cataloged in chapter 538 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1985 \u201cActs\u201d aren\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1995, chapter 504<\/a>; in 2004, chapter 348<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":169179,"object_type":"law","relational_id":79731,"identifier":"19.2-265.4","token":"19.2\/15\/5\/19.2-265.4","url":"\/19.2-265.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-265.4\/","token":"19.2\/15\/5\/19.2-265.4","dublin_core":{"Title":"Failure to provide discovery","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-265.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any criminal prosecution<\/span> for a felony<\/span> in a circuit<\/span> court<\/span> or for a misdemeanor<\/span> brought on direct indictment<\/span>, the attorney for the Commonwealth shall have a duty to adequately and fully provide discovery<\/span> as provided under Rule 3A:11 of the Rules of the Supreme Court<\/span>. Rule 3A:11 shall be construed to apply to such felony<\/span> and misdemeanor<\/span> prosecutions<\/span>. This duty to disclose shall be continuing and shall apply to any additional evidence<\/span> or material<\/span> discovered by the Commonwealth prior to or during trial which is subject to discovery<\/span> or inspection and has been previously requested by the accused<\/span>. In any criminal prosecution<\/span> for a misdemeanor<\/span> by trial de novo<\/span> in circuit<\/span> court<\/span>, the attorney for the Commonwealth shall have a duty to adequately and fully provide discovery<\/span> as provided under Rule 7C:5 of the Rules of the Supreme Court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If at any time during the course of the proceedings it is brought to the attention of the court<\/span> that the attorney for the Commonwealth has failed to comply with this section, the court<\/span> may order<\/span> the Commonwealth to permit the discovery<\/span> or inspection, grant a continuance<\/span>, or prohibit the Commonwealth from introducing evidence<\/span> not disclosed, or the court<\/span> may enter such other order<\/span> as it deems just under the circumstances. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nFAILURE TO PROVIDE DISCOVERY (\u00a7 19.2-265.4)\n\nA. In any criminal prosecution for a felony in a circuit court or for a\nmisdemeanor brought on direct indictment, the attorney for the Commonwealth\nshall have a duty to adequately and fully provide discovery as provided under\nRule 3A:11 of the Rules of the Supreme Court. Rule 3A:11 shall be construed to\napply to such felony and misdemeanor prosecutions. This duty to disclose shall\nbe continuing and shall apply to any additional evidence or material discovered\nby the Commonwealth prior to or during trial which is subject to discovery or\ninspection and has been previously requested by the accused. In any criminal\nprosecution for a misdemeanor by trial de novo in circuit court, the attorney\nfor the Commonwealth shall have a duty to adequately and fully provide discovery\nas provided under Rule 7C:5 of the Rules of the Supreme Court.\n\nB. If at any time during the course of the proceedings it is brought to the\nattention of the court that the attorney for the Commonwealth has failed to\ncomply with this section, the court may order the Commonwealth to permit the\ndiscovery or inspection, grant a continuance, or prohibit the Commonwealth from\nintroducing evidence not disclosed, or the court may enter such other order as\nit deems just under the circumstances.\n\nHISTORY: 1985, c. 538; 1995, c. 504; 2004, c. 348.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}