Virginia's New Criminal Discovery Rules (Online Seminar)

MCLE Credits: 2.0
Ethics Credits Included: 0.0

MCLE Credit: 2.0 (Ethics: 0.0)
Live-Interactive Credit: 0.0
VIDC Re-Certification Credit: 2.0 (VIDC Information)
Price: $149 (Includes a downloadable audio version.)
Viewable Through: 03/31/2023


A pre-recorded streaming video replay of the January 2020 webcast, Virginia's New Criminal Discovery Rules.

Topics Covered

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-see seminar.

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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

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