by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Motion to Strike Evidence. After the Commonwealth has rested its case or at the conclusion of all the evidence, the court on motion of the accused may strike the Commonwealth’s evidence if the evidence is insufficient as a matter of law to sustain a...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Motion for Order Regulating Disclosure of Jurors’ Personal Information. As provided in Code ยง 19.2-263.3, on motion of any party or its own motion, and only upon a finding of good cause sufficient to warrant departure from the norm of open proceedings, the...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Examination. After the prospective jurors are sworn on the voir dire, the court must question them individually or collectively to determine whether anyone: (1) Is related by blood, adoption, or marriage to the accused or to a person against whom the alleged...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)Right to Jury; Duty of Court in Nonjury Trial. The accused is entitled to a trial by jury only in a circuit court on a plea of not guilty.(b)Waiver of Jury in Circuit Court. If an accused who has pleaded not guilty in a circuit court consents to trial without a...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)For Attendance of Witnesses. – (1) A subpoena for the attendance of a witness to testify before a court not of record may be issued by the judge, clerk, magistrate, attorney for the Commonwealth or by the attorney for the accused. (2) A subpoena for the...
by admin | May 14, 2021 | Criminal Procedure, Virginia
(a)General Provisions. – (1) This Rule applies to any prosecution for a felony in a circuit court and to any misdemeanor brought on direct indictment.(2) The constitutional and statutory duties of the Commonwealth’s attorney to provide exculpatory and/or...
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