Order For Discovery And Inspection

VIRGINIA: IN THE CIRCUIT COURT OF LOUDOUN COUNTY COMMONWEALTH OF VIRGINIA v. ______________________ Defendant ) ) ) ) CRIMINAL NO. ___________ ORDER FOR DISCOVERY AND INSPECTION This cause came to be heard on _____________, 2001, on the Motion of the defendant, pursuant to Rule 3A:11 of the Rules of the Supreme Court of Virginia, as amended, and applicable case law, and it appearing that such Motion is proper, it is therefore; ORDERED, ADJUDGED and DECREED that the Commonwealth shall: 1. permit the defendant to inspect, and copy or photograph, any relevant written or recorded statements or confessions made by the defendant, or copies thereof, or the substance of any oral statements or confessions made by the defendant to any law enforcement officer, the existence of which is known to the Commonwealth, and (ii) written reports of autopsies, ballistic tests, fingerprint analyses, handwriting analyses, blood, urine and breath tests, other scientific reports, and written reports of a physical or mental examination of the defendant, or the alleged victim made in connection with the particular case, or copies thereof, that are known by the Commonwealth's Attorney to be within the possession, custody or control of the Commonwealth; 2. permit the defendant to inspect, and copy or photograph, any relevant books, papers, documents, tangible objects, building or places, or copies thereof, that are in the possession, custody or control of the Commonwealth and which the Commonwealth intends to use in its case-in-chief; Nothing in this ORDER shall authorize the discovery or inspection of statements made by Commonwealth witnesses or prospective Commonwealth witnesses to agents of the Commonwealth or of reports, memoranda or other internal Commonwealth documents made by agents in connection with the American LegalNet, Inc. www.USCourtForms.com investigation or prosecution of the case, except as provided in clause (ii) of paragraph (1) of this ORDER. It is further ORDERED that the Commonwealth shall timely provide, to the defendant, all evidence as to guilt or in mitigation of punishment that is required to be disclosed pursuant to Brady vs. Maryland (377 U.S. 83 (1963)) and its progeny. Commonwealth's discovery is to be completed within fourteen (14) days from this Court date. Defense counsel is directed to file all pre-trial motions that may be desired no later than twenty-one (21) days from this Court date. The Commonwealth's Attorney shall also provide notice to the defendant of any criminal convictions of any witnesses who shall testify on behalf of the Commonwealth prior to such testimony. Whereupon the Commonwealth moved this Court for Reciprocal Discovery pursuant to Rule 3A:11 of the Rules of the Supreme Court of Virginia, as amended, and it appearing that such Motion is proper, it is therefore; ORDERED that within a reasonable time, but not less than ten (10) days, before trial or sentencing, as the case may be, the defendant shall: 1. permit the Commonwealth to inspect, copy or photograph, any written reports of autopsy examinations, ballistics tests, fingerprint, blood, urine and breath analyses and other scientific tests that may be in the defendant's possession, custody, or control, and which the defendant intends to proffer, or introduce, into evidence at trial or sentencing; 2. that the defendant disclose whether he intends to introduce evidence to establish an alibi and, if so, that the defendant disclose the place at which he claims to have been at the time of the commission of the alleged offense; 3. if the defendant intends to rely upon the defense of insanity or feeblemindedness, the defendant shall permit the Commonwealth to inspect, copy or photograph any written reports or physical or mental examination of the defendant, made in connection with the particular case, provided, however, that no statements by the defendant in the course of an examination provided for by this Rule shall be used by the Commonwealth in its case-in-chief. American LegalNet, Inc. www.USCourtForms.com It is also ORDERED that the time, place, and manner of the defendant's notice of intent to present a defense of insanity or feeblemindedness shall be as pursuant to Code of Virginia §19.2-168 et seq. (1950, as amended) and as subject to further ORDER by this Court. It is further ORDERED that nothing in this ORDER shall be construed to expand the scope of discovery beyond that as required by Rule 3A:11 of the Rules of the Supreme Court of Virginia, by controlling case law of precedential value, by the Code of Virginia (1950 as amended) or by the Constitutions of the United States and of the Commonwealth of Virginia; It is further ORDERED that if, before or during trial, counsel or a party, discovers additional material that is subject to discovery or inspection because it falls within the scope of this ORDER, or subsequent Orders of this Court, that party shall promptly notify the other party, or his counsel, or the Court, of the existence of the additional material. If at any time during the course of the proceedings, it is brought to the attention of the Court that a party has failed to comply with this ORDER, or subsequent Orders of this Court, then this Court shall order such party to permit the discovery or inspection of materials not previously disclosed, and may grant such other relief as may deem appropriate. The Clerk is directed to forward a copy of this order to Robert D. Anderson, Attorney for the Commonwealth and to defense counsel ENTERED this ________ day of ______________, 200_. Judge American LegalNet, Inc. www.USCourtForms.com