Va. Sup. Ct. R. 7C:5

(a) Application of Rule. This Rule applies only to the prosecution for a

misdemeanor which may be punished by confinement in jail and to a preliminary hearing

for a felony.

(b) Definitions. For purposes of discovery under this Rule 1) the prosecuting

attorney is the attorney for the Commonwealth or the city attorney, county attorney, or

town attorney, who is responsible for prosecuting the case; 2) if no prosecuting attorney

prosecutes the case, the representative of the Commonwealth is the law enforcement

officer, or, if none, such person who appears on behalf of the Commonwealth, county,

city or town in the case.

(c) Discovery by the Accused. Upon motion of an accused, the court must order

the prosecuting attorney or representative of the Commonwealth to permit the accused to

hear, inspect and copy or photograph the following information or material when the

existence of such is known or becomes known to the prosecuting attorney or

representative of the Commonwealth and such material or information is to be offered in

evidence against the accused in a General District Court:

(1) any relevant written or recorded statements or confessions made by the

accused, or copies thereof and the substance of any oral statements and

confessions made by the accused to any law enforcement officer; and

(2) any criminal record of the accused. See Code § 19.2-389(I).

(d) Time of Motion. A motion by the accused under this Rule must be made in

writing and filed with the Court and a copy thereof mailed, faxed, or otherwise delivered

to the prosecuting attorney and, if applicable, to the representative of the Commonwealth

at least 10 days before the day fixed for trial or preliminary hearing. The motion must

include the specific information or material sought under this Rule.

(e) Time, Place and Manner of Discovery and Inspection. An order granting

relief under this Rule must specify the time, place and manner of making the discovery

and inspection permitted and may prescribe such terms and conditions as are just.

(f) Failure to Comply. If at any time during the course of the proceedings, it is

brought to the attention of the court that the prosecuting attorney or representative of the

Commonwealth has failed to comply with this Rule or with an order issued pursuant to

this Rule, the court must order the prosecuting attorney or representative of the

Commonwealth to permit the discovery or inspection of the material not previously

disclosed, and may grant such continuance to the accused as it deems appropriate.