Virginia Code

Va. Code Ann. § 37.2-901 (2026)

Civil proceeding; rights of respondents; discovery

✓ current as of May 2026

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In hearings and trials held pursuant to this chapter, respondents shall have the following rights:

1. To receive adequate notice of the proceeding.

2. To be represented by counsel.

3. To remain silent or to testify.

4. To be present during the hearing or trial.

5. To present evidence and to cross-examine witnesses.

6. To view and copy all petitions and reports in the court file.

In no event shall a respondent be permitted, as a part of any proceedings under this chapter, to raise challenges to the validity of his prior criminal or institutional convictions, charges, or sentences, or the computation of his term of confinement.

In no event shall a respondent be permitted to raise defenses or objections based on defects in the institution of proceedings under this chapter unless such defenses or objections have been raised in a written motion to dismiss, stating the legal and factual grounds therefor, filed with the court at least 14 days before the hearing or trial.

All proceedings conducted hereunder are civil proceedings. However, no discovery shall be allowed prior to the probable cause hearing. After the probable cause hearing, no discovery other than that provided in this section shall be allowed without prior leave of the court. Counsel for the respondent and any expert employed or appointed pursuant to this chapter may possess and copy the victim impact statement or presentence or postsentence report. In no event shall the respondent be permitted to retain or copy a victim impact statement or presentence or postsentence report.

1999, cc. 946, 985, § 37.1-70.2; 2001, c. 776; 2003, cc. 989, 1018; 2005, cc. 716, 914; 2007, c. 876; 2009, c. 740; 2011, cc. 446, 448.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 2007–2024 · leading case: Hood v. Com..

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Hood v. Com. (Va. 2010). · cites it 27× “Code of Virginia § 37.2-901. Furthermore, if a respondent refuses to cooperate, any expert appointed to assist the respondent shall not be permitted to testify at trial.”

Com. v. Amerson (Va. 2011). · cites it 2× “…because he has been found to be an SVP under the SVPAwhich is a civil, not a criminal, statutory scheme. Code § 37.2-901.”

State v. Stout (Wash. 2007). “061 (d) (Vernon 2003); Va. Code Ann. § 37.2-901 (2005); Wis. Stat.”

In Re Det. of Stout (Wash. 2007). “061 (d) (Vernon 2003); Va.Code Ann. § 37.2-901 (2005); Wis. Stat.”

Shellman v. Commonwealth (Va. 2012). · cites it 16× “As relevant to this appeal, Code § 37.2-901 provides that [i]n hearings .”

Thomas v. Commonwealth (Va. 2019). · cites it 6× “Pursuant to Code § 37.2-901, a respondent in any SVP hearing, including a hearing to determine whether the SVP should be conditionally released following a violation, is entitled to the following rights: 1.”

Thomas v. Commonwealth (CORRECTED) (Va. 2019). · cites it 5× “First, Code § 37.2-901 affords SVPs the right to counsel and the right to present evidence and cross-examine witnesses in a conditional release revocation proceeding.”

Will Lee Carter v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 4× “At the motions hearing, the parties asked for clarity on Code § 37.2-901. The Commonwealth stated: the Code pretty clearly says that the respondent is not allowed to attack the validity of his past convictions, but unfortunately the Code doesn’t become more specific about that…”

Edward N. Furby, s/k/a Edward Nathaniel Furby v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× “In 2008, the Commonwealth petitioned to commit Furby as a sexually violent predator pursuant to Code § 37.2-901 et seq. The circuit court subsequently found that Furby was a sexually violent predator and ordered him committed to the custody of the Department of Behavioral Health…”

Gibson v. Commonwealth (Va. 2014). · cites it 2× “Although a proceeding under the SVPA is civil, it nevertheless entails the potential involuntary loss of liberty, and therefore a respondent subject to such a proceeding is afforded certain rights typically available in a criminal proceeding.”

— Va. Code Ann. § 37.2-901(4) — 1 case

Shellman v. Commonwealth (Va. 2012). “As relevant to this appeal, Code § 37.2-901 provides that [i]n hearings .”

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