Rule 8:15.Discovery.

Part Eight: Juvenile and Domestic Relations District Courts · Last amended 2021 · Last verified July 16, 2026

In one sentenceRule 8:15 routes discovery to a different rule depending on the case — Rule 7C:5 for adult criminal matters, Rule 3A:11 or Rule 7C:5 for delinquency depending on the severity, and Part Four for everything else, with no depositions.

Full Text of Rule 8:15

Text sizeJump to: (a) (b) (c) (d)

(a) Adult Criminal Case. In any cases involving adults charged with crime, the provisions of Rule 7C:5 govern discovery.

(b) Juvenile Delinquency Cases. In juvenile delinquency cases, when the juvenile is charged with an act that would be a felony if committed by an adult, or in a transfer hearing or a preliminary hearing to certify charges pursuant to § 16.1-269.1, the court must, upon motion timely made by the juvenile or the Commonwealth's Attorney, and for good cause, enter such orders in aid of discovery and inspection of evidence as provided under Rule 3A:11.

In juvenile delinquency cases when the juvenile is charged with an act that would be a misdemeanor if committed by an adult, the court must, upon motion timely made and for good cause, enter such orders for discovery as provided under Rule 7C:5.

(c) Other Cases. In all other proceedings, the court may, upon motion timely made and for good cause, enter such orders in aid of discovery and inspection of evidence as permitted under Part Four of the Rules, except that no depositions may be taken.

(d) In proceedings concerning civil support, the judge may require parties to file a statement of gross income together with documentation in support of the statement.

End

Plain-English Summary

Discovery in these courts is borrowed from elsewhere in the Rules, and which rule applies turns on the nature of the case. In cases involving adults charged with crime, Rule 7C:5 governs.

In juvenile delinquency cases the dividing line is the seriousness of the alleged act. Where the juvenile is charged with an act that would be a felony for an adult — or in a transfer hearing or a preliminary hearing to certify charges under Code § 16.1-269.1 — the court must, on a timely motion by the juvenile or the Commonwealth’s Attorney and for good cause, enter discovery and inspection orders as provided under Rule 3A:11. Where the act would be a misdemeanor, the court must on a timely motion and for good cause enter discovery orders as provided under Rule 7C:5.

All other proceedings fall back on Part Four, the Rules’ general discovery provisions, on a timely motion and for good cause — with one flat exclusion: no depositions may be taken. In civil support proceedings, the judge may also require the parties to file a statement of gross income together with supporting documentation.

Frequently Asked Questions

Which rule governs discovery in an adult criminal case in these courts?

Rule 7C:5.

What discovery applies in a felony-level delinquency case?

Rule 3A:11, on a timely motion by the juvenile or the Commonwealth’s Attorney and for good cause. The same applies in a transfer hearing or a preliminary hearing to certify charges under Code § 16.1-269.1.

What about a misdemeanor-level delinquency case?

The court must, upon timely motion and for good cause, enter discovery orders as provided under Rule 7C:5.

Can depositions be taken in other proceedings?

No. In all other proceedings the court may enter orders in aid of discovery and inspection as permitted under Part Four, except that no depositions may be taken.

Can the judge require income information in a support case?

Yes. In proceedings concerning civil support, the judge may require parties to file a statement of gross income together with documentation in support of the statement.

Amendment History

Last amended by Order dated November 23, 2020; effective March 1, 2021.

Source & verification. Rule text and amendment history are reproduced verbatim from the Rules of Supreme Court of Virginia, published by the Supreme Court of Virginia. Last verified July 16, 2026. · Official source

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