                                 CODE OF VIRGINIA

FAILURE TO PROVIDE DISCOVERY (§ 19.2-265.4)

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.

HISTORY: 1985, c. 538; 1995, c. 504; 2004, c. 348.