17 August 2005

For those of you who are Virginia defense attorneys who need to know what authorizes you to tape a preliminary hearing in general district court (a court not of record for those not in the Commonwealth):

§ 16.1-69.35:2. Tape recording of proceedings in district courts.

Proceedings in a general district court may be tape recorded by a party or his counsel.

Okay, I admit it. I put that here so I'll be able to find it again someday when I need it. Now if I could just remember the statute which guarantees me discovery when I take the misdemeanor case to circuit court. I know it exists but just can't remember where.


Tom McKenna said...

Sigh. Gotta do everything for ya, Ken.

"In any criminal prosecution for a misdemeanor by trial de novo in circuit court, the attorney for the Commonwealth shall have a duty to adequately and fully provide discovery as provided under Rule 7C:5 of the Rules of the Supreme Court."

Virginia Code § 19.2-265.4

Mister DA said...

My, my, my. The more I read your weblog, Ken , the happier I am to practice here in the baja Great White North. We don't have any criminal proceedings in non-record courts so this issue never comes up. I was going to say we don't have any non-record courts left, but strictly speaking the small claims division and the informal hearings in traffic division are conducted as non-record activities.