                                 CODE OF VIRGINIA

CIVIL PROCEEDING; RIGHTS OF RESPONDENTS; DISCOVERY (§ 37.2-901)

In hearings and trials held pursuant to this chapter, respondents shall have the
following rights:

1. To receive adequate notice of the proceeding.

2. To be represented by counsel.

3. To remain silent or to testify.

4. To be present during the hearing or trial.

5. To present evidence and to cross-examine witnesses.

6. To view and copy all petitions and reports in the court file.
			In no event shall a respondent be permitted, as a part of any proceedings
under this chapter, to raise challenges to the validity of his prior criminal or
institutional convictions, charges, or sentences, or the computation of his term
of confinement.
			In no event shall a respondent be permitted to raise defenses or objections
based on defects in the institution of proceedings under this chapter unless
such defenses or objections have been raised in a written motion to dismiss,
stating the legal and factual grounds therefor, filed with the court at least 14
days before the hearing or trial.
			All proceedings conducted hereunder are civil proceedings. However, no
discovery shall be allowed prior to the probable cause hearing. After the
probable cause hearing, no discovery other than that provided in this section
shall be allowed without prior leave of the court. Counsel for the respondent
and any expert employed or appointed pursuant to this chapter may possess and
copy the victim impact statement or presentence or postsentence report. In no
event shall the respondent be permitted to retain or copy a victim impact
statement or presentence or postsentence report.

HISTORY: 1999, cc. 946, 985, § 37.1-70.2; 2001, c. 776; 2003, cc. 989, 1018;
2005, cc. 716, 914; 2007, c. 876; 2009, c. 740; 2011, cc. 446, 448.