CODE OF VIRGINIA

SUBPOENA DUCES TECUM; ATTORNEY-ISSUED SUBPOENA DUCES TECUM (§ 16.1-89)

A judge or clerk of a district court may issue a subpoena duces tecum pursuant
to the terms of Rule 4:9A of the Rules of the Supreme Court of Virginia except
that such subpoena may be directed to a party to the case as well as to a person
who is not a party.Subpoenas duces tecum for medical records issued by an
attorney shall be subject to the provisions of §§ 8.01-413 and 32.1-127.1:03
except that no separate fee for issuance shall be imposed.A subpoena duces tecum
may also be issued by an attorney-at-law who is an active member of the Virginia
State Bar at the time of issuance, as an officer of the court. Any such subpoena
duces tecum shall be on a form approved by the Committee on District Courts,
signed by the attorney as if a pleading and shall include the attorney’s
address. A copy, together with the attorney’s certificate of service
pursuant to Rule 1:12, shall be mailed or delivered to the clerk’s office
of the court in which the case is pending on the day of issuance by the
attorney. The law governing subpoenas duces tecum issued by a clerk shall apply
mutatis mutandis, except that attorneys may not issue subpoenas duces tecum in
those cases in which they may not issue a summons as provided in § 8.01-407. A
sheriff shall not be required to serve an attorney-issued subpoena that is not
issued at least five business days prior to the date production of evidence is
desired. When an attorney-at-law transmits one or more subpoenas duces tecum to
a sheriff to be served in his jurisdiction, the provisions in § 8.01-407
regarding such transmittals shall apply.If the time for compliance with a
subpoena duces tecum issued by an attorney is less than 14 days after service of
the subpoena, the person to whom it is directed may serve upon the party issuing
the subpoena a written objection setting forth any grounds upon which such
production, inspection or testing should not be had. If objection is made, the
party on whose behalf the subpoena was issued and served shall not be entitled
to the requested production, inspection or testing, except pursuant to an order
of the court, but may, upon notice to the person to whom the subpoena was
directed, move for an order to compel production, inspection or testing. Upon
such timely motion, the court may quash, modify or sustain the subpoena.

HISTORY: 1956, c. 555; 1979, c. 668; 1984, c. 500; 1986, c. 160; 2000, c. 813;
2004, c. 335.