{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-266.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-266.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-266.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-266.2.html"}],"law_id":86223,"edition_id":1,"section_id":86223,"structure_id":13621,"section_number":"19.2-266.2","catch_line":"Defense objections to be raised before trial; hearing; bill of particulars","history":"1987, c. 710; 2005, cc. 622, 694; 2006, cc. 578, 862.","full_text":"A\n\nDefense motions or objections seeking (i) suppression of evidence on the grounds such evidence was obtained in violation of the provisions of the Fourth, Fifth or Sixth Amendments to the Constitution of the United States or Article I, Section 8, 10 or 11 of the Constitution of Virginia proscribing illegal searches and seizures and protecting rights against self-incrimination; (ii) dismissal of a warrant, information, or indictment or any count or charge thereof on the ground that: (a) the defendant would be deprived of a speedy trial in violation of the provisions of the Sixth Amendment to the Constitution of the United States, Article I, Section 8 of the Constitution of Virginia, or § 19.2-243; or (b) the defendant would be twice placed in jeopardy in violation of the provisions of the Fifth Amendment to the Constitution of the United States or Article I, Section 8 of the Constitution of Virginia; or (iii) dismissal of a warrant, information, or indictment or any count or charge thereof on the ground that a statute upon which it was based is unconstitutional shall be raised by motion or objection.B\n\nSuch a motion or objection in a proceeding in circuit court shall be raised in writing, before trial. The motions or objections shall be filed and notice given to opposing counsel not later than seven days before trial in circuit court or, if made under clause (ii) of subsection A, at such time prior to trial in circuit court as the grounds for the motion or objection shall arise, whichever occurs last. A hearing on all such motions or objections shall be held not later than three days prior to trial in circuit court, unless such period is waived by the accused, as set by the trial judge. The circuit court may, however, for good cause shown and in the interest of justice, permit the motions or objections to be raised at a later time.C\n\nTo assist the defense in filing such motions or objections in a timely manner, the circuit court shall, upon motion of the defendant, direct the Commonwealth to file a bill of particulars pursuant to § 19.2-230. The circuit court shall fix the time within which such bill of particulars is to be filed. Upon further motion of the defendant, the circuit court may, upon a showing of good cause, direct the Commonwealth to supplement its bill of particulars. The attorney for the Commonwealth shall certify that the matters stated in the bill of particulars are true and accurate to the best of his knowledge and belief.D\n\nIn a criminal proceeding in district court, any motion or objection as described in subsection A may be raised prior to or at such proceeding. In the event such a motion or objection is raised, the district court shall, upon motion of the Commonwealth grant a continuance for good cause shown.","order_by":null,"text":{"0":{"id":308853,"text":"Defense motions or objections seeking (i) suppression of evidence on the grounds such evidence was obtained in violation of the provisions of the Fourth, Fifth or Sixth Amendments to the Constitution of the United States or Article I, Section 8, 10 or 11 of the Constitution of Virginia proscribing illegal searches and seizures and protecting rights against self-incrimination; (ii) dismissal of a warrant, information, or indictment or any count or charge thereof on the ground that: (a) the defendant would be deprived of a speedy trial in violation of the provisions of the Sixth Amendment to the Constitution of the United States, Article I, Section 8 of the Constitution of Virginia, or § 19.2-243; or (b) the defendant would be twice placed in jeopardy in violation of the provisions of the Fifth Amendment to the Constitution of the United States or Article I, Section 8 of the Constitution of Virginia; or (iii) dismissal of a warrant, information, or indictment or any count or charge thereof on the ground that a statute upon which it was based is unconstitutional shall be raised by motion or objection.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":308854,"text":"Such a motion or objection in a proceeding in circuit court shall be raised in writing, before trial. The motions or objections shall be filed and notice given to opposing counsel not later than seven days before trial in circuit court or, if made under clause (ii) of subsection A, at such time prior to trial in circuit court as the grounds for the motion or objection shall arise, whichever occurs last. A hearing on all such motions or objections shall be held not later than three days prior to trial in circuit court, unless such period is waived by the accused, as set by the trial judge. The circuit court may, however, for good cause shown and in the interest of justice, permit the motions or objections to be raised at a later time.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":308855,"text":"To assist the defense in filing such motions or objections in a timely manner, the circuit court shall, upon motion of the defendant, direct the Commonwealth to file a bill of particulars pursuant to § 19.2-230. The circuit court shall fix the time within which such bill of particulars is to be filed. Upon further motion of the defendant, the circuit court may, upon a showing of good cause, direct the Commonwealth to supplement its bill of particulars. The attorney for the Commonwealth shall certify that the matters stated in the bill of particulars are true and accurate to the best of his knowledge and belief.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":308856,"text":"In a criminal proceeding in district court, any motion or objection as described in subsection A may be raised prior to or at such proceeding. In the event such a motion or objection is raised, the district court shall, upon motion of the Commonwealth grant a continuance for good cause shown.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-266.2\/","history_text":"

This law was first created in 1987. The record of its establishment is cataloged in chapter 710 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 1987 \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 2005, chapters 622<\/a> and 694<\/a>; in 2006, chapters 578<\/a> and 862<\/a>.<\/p>","references":false,"refers_to":[{"id":55258,"section_number":"19.2-230","catch_line":"Bill of particulars","order_by":null,"url":"\/19.2-230\/"},{"id":57795,"section_number":"19.2-243","catch_line":"Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions","order_by":null,"url":"\/19.2-243\/"}],"permalink":{"id":169199,"object_type":"law","relational_id":86223,"identifier":"19.2-266.2","token":"19.2\/15\/5\/19.2-266.2","url":"\/19.2-266.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-266.2\/","token":"19.2\/15\/5\/19.2-266.2","dublin_core":{"Title":"Defense objections to be raised before trial; hearing; bill of particulars","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-266.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Defense motions<\/span> or objections seeking (i) suppression of evidence<\/span> on the grounds such evidence<\/span> was obtained in violation of the provisions of the Fourth, Fifth or Sixth Amendments to the Constitution of the United States or Article I, Section 8, 10 or 11 of the Constitution of Virginia proscribing illegal searches and seizures and protecting rights against self-incrimination; (ii) dismissal<\/span> of a warrant, information, or indictment<\/span> or any count or charge thereof on the ground that: (a) the defendant<\/span> would be deprived of a speedy trial<\/span> in violation of the provisions of the Sixth Amendment to the Constitution of the United States, Article I, Section 8 of the Constitution of Virginia, or § 19.2-243<\/a>; or (b) the defendant<\/span> would be twice placed in jeopardy in violation of the provisions of the Fifth Amendment to the Constitution of the United States or Article I, Section 8 of the Constitution of Virginia; or (iii) dismissal<\/span> of a warrant, information, or indictment<\/span> or any count or charge thereof on the ground that a statute<\/span> upon which it was based is unconstitutional shall be raised by motion<\/span> or objection. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such a motion<\/span> or objection in a proceeding in circuit<\/span> court<\/span> shall be raised in writing, before trial. The motions<\/span> or objections shall be filed and notice given to opposing counsel<\/span> not later than seven days before trial in circuit<\/span> court<\/span> or, if made under clause (ii) of subsection A, at such time prior to trial in circuit<\/span> court<\/span> as the grounds for the motion<\/span> or objection shall arise, whichever occurs last. A hearing<\/span> on all such motions<\/span> or objections shall be held not later than three days prior to trial in circuit<\/span> court<\/span>, unless such period is waived by the accused<\/span>, as set by the trial judge<\/span>. The circuit<\/span> court<\/span> may, however, for good cause shown and in the interest of justice, permit the motions<\/span> or objections to be raised at a later time. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> To assist the defense in filing such motions<\/span> or objections in a timely manner, the circuit<\/span> court<\/span> shall, upon motion<\/span> of the defendant<\/span>, direct the Commonwealth to file a bill of particulars<\/span> pursuant to § 19.2-230<\/a>. The circuit<\/span> court<\/span> shall fix the time within which such bill of particulars<\/span> is to be filed. Upon further motion<\/span> of the defendant<\/span>, the circuit<\/span> court<\/span> may, upon a showing of good cause, direct the Commonwealth to supplement its bill of particulars<\/span>. The attorney for the Commonwealth shall certify that the matters stated in the bill of particulars<\/span> are true and accurate to the best of his knowledge and belief. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In a criminal proceeding in district court<\/span>, any motion<\/span> or objection as described in subsection A may be raised prior to or at such proceeding. In the event such a motion<\/span> or objection is raised, the district court<\/span> shall, upon motion<\/span> of the Commonwealth grant a continuance<\/span> for good cause shown. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDEFENSE OBJECTIONS TO BE RAISED BEFORE TRIAL; HEARING; BILL OF PARTICULARS (\u00a7\n19.2-266.2)\n\nA. Defense motions or objections seeking (i) suppression of evidence on the\ngrounds such evidence was obtained in violation of the provisions of the Fourth,\nFifth or Sixth Amendments to the Constitution of the United States or Article I,\nSection 8, 10 or 11 of the Constitution of Virginia proscribing illegal searches\nand seizures and protecting rights against self-incrimination; (ii) dismissal of\na warrant, information, or indictment or any count or charge thereof on the\nground that: (a) the defendant would be deprived of a speedy trial in violation\nof the provisions of the Sixth Amendment to the Constitution of the United\nStates, Article I, Section 8 of the Constitution of Virginia, or §\n19.2-243; or (b) the defendant would be twice placed in jeopardy in violation of\nthe provisions of the Fifth Amendment to the Constitution of the United States\nor Article I, Section 8 of the Constitution of Virginia; or (iii) dismissal of a\nwarrant, information, or indictment or any count or charge thereof on the ground\nthat a statute upon which it was based is unconstitutional shall be raised by\nmotion or objection.\n\nB. Such a motion or objection in a proceeding in circuit court shall be raised\nin writing, before trial. The motions or objections shall be filed and notice\ngiven to opposing counsel not later than seven days before trial in circuit\ncourt or, if made under clause (ii) of subsection A, at such time prior to trial\nin circuit court as the grounds for the motion or objection shall arise,\nwhichever occurs last. A hearing on all such motions or objections shall be held\nnot later than three days prior to trial in circuit court, unless such period is\nwaived by the accused, as set by the trial judge. The circuit court may,\nhowever, for good cause shown and in the interest of justice, permit the motions\nor objections to be raised at a later time.\n\nC. To assist the defense in filing such motions or objections in a timely\nmanner, the circuit court shall, upon motion of the defendant, direct the\nCommonwealth to file a bill of particulars pursuant to § 19.2-230. The\ncircuit court shall fix the time within which such bill of particulars is to be\nfiled. Upon further motion of the defendant, the circuit court may, upon a\nshowing of good cause, direct the Commonwealth to supplement its bill of\nparticulars. The attorney for the Commonwealth shall certify that the matters\nstated in the bill of particulars are true and accurate to the best of his\nknowledge and belief.\n\nD. In a criminal proceeding in district court, any motion or objection as\ndescribed in subsection A may be raised prior to or at such proceeding. In the\nevent such a motion or objection is raised, the district court shall, upon\nmotion of the Commonwealth grant a continuance for good cause shown.\n\nHISTORY: 1987, c. 710; 2005, cc. 622, 694; 2006, cc. 578, 862.","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}}