ELECTRONIC DISCOVERY RELEASE
REV 10.25.2019
MUST ENTER ALL AREAS - (*) AREAS ARE OPTIONAL
POLICE CC #: _______________________*
OCA/LYN Case #: ___________________*
Date of Arrest: _____________________
Date of Incident (if different): ____________
Court Case #: _______________________
DOB: ______________________ *If Available
*Check-off Required
Court case assigned to:
____ General Dist. ____ J&D (Adult) ____ J&D (Juv) ____ Circuit // ____ *APPEAL
Charge(s): ______________________________________________________________________
Next Court Date: _____________ Highest Level of Charges: ____ Felony ____ Misdemeanor ____ Traffic
This case was transferred from another Defense Attorney ____. Name of Attorney _________________________
Electronic Discovery Requesting:
Videos: BWC & InCar/DashCam/Photos: _____ Documents: Digitized Case Documents: _____
*Check-off Required
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I, _______________________________________, counsel for the above referenced defendant, (or authorized agent of counsel for such
defendant) hereby acknowledge acceptance of the terms of “Electronic Discovery” with the Lynchburg Commonwealth’s Attorney Office. I agree
that prior to requesting or receiving Electronic Discovery, I must file a Motion for Discovery and/or have a Discovery Order entered according
to the Virginia Supreme Court Rule for the applicable court and procedural posture of the case. This Motion must be filed in a reasonable
period to allow the necessary amount of time to fulfill such request prior to the next scheduled Court hearing date.
In some cases, it may be necessary to redact some materials requested, through either visual and/or auditory means, due to the presence of
personal identifying information, sensitive conversations or visualizations that are not pertinent to the case, (nor contain any exculpatory
evidence), that may impact, affect or jeopardize the safety, security or privacy of victims, witnesses, or others, as well as possessions or property.
Any redaction performed, does not affect the “original” footage, which is maintained without redaction, and is available by seeking disclosure
through a Court Order.
Although the Commonwealth is required to allow me to inspect exculpatory evidence, I agree that, with the exception of those materials
described in Rule 3A:11(b)(1); Rule 7C:5; Rule 8:15(a); or Rule 8:15(b), the Commonwealth is not required to provide me with copies of any
evidentiary materials or to allow me to copy any evidentiary materials.
In consideration of the Commonwealth providing me with access to the evidentiary materials, other than those described in Rule 3A:11(b)(1);
Rule 7C:5; Rule 8:15(a); or Rule 8:15(b), I agree that, until this case is concluded, I will not copy, or allow these materials to leave my possession
or control. Any copies required for submission as evidence to the Court, will be made by the Commonwealth Attorney’s Office in exchange for
me providing the necessary digital copying materials. The Commonwealth Attorney’s Office will retain possession of such digital copied materials
until submission of such materials to the Court. While I have the right to share and show the contents of these materials to my client, I agree to
not give these materials in whole or in part, except the materials described in Rule 3A:11(b)(1); Rule 7C:5; Rule 8:15(a); or Rule 8:15(b), to my
client.
I understand that, although I may review my client’s criminal and DMV records in the Commonwealth’s Attorney’s office, the Commonwealth
Attorney is prohibited from giving me these records absent a specific court order.
I understand that certain discovery materials may be particularly sensitive, and that the Commonwealth is providing me access to materials
other than those described in Rule 3A:11(b)(1); Rule 7C:5; Rule 8:15(a); or Rule 8:15(b), for my convenience. In consideration of the
Commonwealth providing me with such access, rather than merely allowing me to inspect them, I agree to allowing the Commonwealth
Attorney’s Office to digitally delete them prior to, or soon after the conclusion of my representation of the defendant, pursuant to LE Op. 1864
(2012).
Dated: ________________________
Signed: ______________________________________
Counsel for the Defendant (Written or Digital Signature)
Email Address: __________________________________________
OCA BWC USE ONLY:
DATE RECEIVED: ____________________
DATE BWC SENT: ____________________
Exp: _____________ # Videos: _________
Prosecutor: _________________Sent: ____
PO _____________________________
Entered Omni: _____________ E Drive: ____
Search Range: _______________________
BY: _____________________________
COMMONWEALTH OF VIRGINIA,
v.
________________________________, Defendant.
OCA BWC USE
ONLY NOTES -
PRESS TO SUBMIT via EMAIL to tadams@ocalynchburg.com
