Virginia's New Criminal Discovery Rules

MCLE Credits: 2.0
Ethics Credits Included: 0.0

Thursday, January 30, 12:00 p.m. - 2:00 p.m. ET
Learn more about Virginia CLE webcast format
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Thursday, February 20, 12:00 p.m. - 2:00 p.m. ET
  • Webcast with Live Q&A
  • Telephone with Live Q&A
MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 2.0 (all dates, all formats) Live Interactive MCLE Credit Symbol
Registration Fee: $159

Information

Why Attend?

The new Rules come into effect July 1, 2020: Are you ready?

  • Learn the new Rules, and the rights and duties imposed on the government and defense
  • Understand the complexities associated with Restricted Dissemination Material—how it is designated, and what it means
  • Explore the new challenges to be faced on both sides, and share tips on how the Rules may best play out in practice

Efforts to liberalize Virginia’s criminal discovery rules have been underway for many years, with the Supreme Court finally adopting changes to Rules 3A:11 and 3A:12 that will take effect on July 1, 2020. With strong feelings on both the defense and government sides, the new Rules are clearly a compromise that nevertheless change discovery dramatically. The defense will have access to most of the evidence held by the government, with certain sensitive information restricted to the defense counsel only. The government will have the ability to inspect evidence held by the defense related to scientific reports and certain affirmative defenses. The Court, too, will have a role in overseeing the process. Among the topics to be discussed:

  • Differentiating discoverable information from exculpatory evidence
  • Identifying “relevant” reports subject to discovery
  • Restricted Dissemination Material, and how it will be protected
  • The government’s new right to discovery of defense material
  • New motions and hearings you can expect

Our speakers include a Commonwealth’s Attorney who intends to roll out implementation of the new Rules in advance of the full implementation date, an experienced defense counsel anxious to test the new Rules, and a judge charged with making the Rules work once implemented. If your practice includes criminal cases, this is a must-attend seminar.

 

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Registration Deadlines:
Webcast: 10 minutes prior to seminar. If you register for a webcast the day of the seminar, your e-mail receipt will include a link to launch the seminar and download the materials.
Telephone: Online registration ends at 11:59 p.m. the day preceding the seminar
Call (800) 979-8253 to register up to one hour prior to the seminar
Live on Site: Online registration ends at 11:59 p.m. the day preceding the seminar
Walk-in registration is permitted on a space-available basis

Cancellation Policy: Cancellation/transfer requests will be honored until 5:00 p.m. the day preceding the seminar. You will, however, be charged $40 if you cancel or transfer your registration to a different seminar after the link to the materials has been e-mailed by Virginia CLE.

Full refunds or transfers are available up to two days after a webcast in the unlikely event that you experience technical difficulties.

MCLE Credit Caveat: The MCLE Board measures credits by the time you spend in attendance. If you enter a seminar late or leave it early, or both, you must reflect those adjustments accurately in the credits you report on your credit reporting form. A code will be given at the end of the seminar, which must be written on your MCLE form.


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Schedule

COURSE SCHEDULE (January 30) (Eastern Time)

12:00 Virginia's New Criminal Discovery Rules
2:00 Adjourn
  • Sign-in for live seminar attendees in Charlottesville begins at 11:30 a.m.
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

COURSE SCHEDULE (February 20) (Eastern Time)

12:00 Virginia's New Criminal Discovery Rules
2:00 Adjourn
  • Q&A will be handled via chat room for Webcast attendees.
  • Q&A will be handled via e-mail for telephone seminar attendees.

Faculty

FACULTY

Hon. Kimberley S. White, 10th Judicial Circuit of Virginia / Halifax
Hon. Charles H. Slemp, III, Wise County Commonwealth's Attorney's Office / Wise
Michael HuYoung, Barnes & Diehl, PC / Richmond

Locations, Dates and Fees

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