ELECTRONIC DISCOVERY RELEASE - PRO SE
REV 11.20.2019
MUST ENTER ALL AREAS - (*) AREAS ARE OPTIONAL
POLICE CC #: ______________________*
OCA/LYN Case #: __________________*
Date of Arrest: _____________________
Date of Incident (if different): ____________
Court Case #: ______________________
DOB: _____________________
*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 a Defense Attorney ____. Name of Attorney _________________________
Electronic Discovery Requesting:
Videos: BWC & InCar/DashCam/Photos: _____ Documents: Digitized Case Documents: _____
*Check-off Required
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
I, _______________________________________, acting as Pro Se counsel for myself, 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, I will complete and sign this request form and I shall deliver the signed, original form,
along with a valid ID, to the “Office of the Commonwealth’s Attorney, 901 Church St Lynchburg, VA 24504”. I realize that I will need to make
an appointment, in writing, to review such BWC footage and that the Commonwealth Attorney’s Office reserves the right to have an Office
representative present as the BWC is being reviewed. I understand that while I have the right to take notes on the content of the BWC
footage, I am restricted from recording such audio and/or visual footage in any fashion. Any copies required for submission as evidence to the
Court, will be made by the Commonwealth Attorney’s Office. The Commonwealth Attorney’s Office will retain possession of such digital copied
materials until submission of such materials to the Court, at which time I will provide a computer to play the DVD provided to me at trial, in
part or in whole.
I understand that, although I may review my 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. My failure to provide
the information requested, or follow the procedures outlined above, shall result in the denial of my request to view the BWC footage.
Dated: ________________________
Signed: ______________________________________
Defendant
Contact Phone #: __________________________________________
OCA BWC USE ONLY:
DATE RECEI
VED: _____
_________
______
# Videos: _________
Prosecutor: _________________Sent: ____
PO _____
_________
_________
______
Entered Omni: _____________ E Drive: ____
Search Range: _______________________
BY: _____________________________
COMMONWEALTH OF VIRGINIA,
v.
________________________________, Defendant.
OCA BWC USE
ONLY NOTES -
*
MM/DD/YY