CODE OF VIRGINIA

RESPONSE TO SUBPOENA FOR INFORMATION STORED IN ELECTRONIC FORMAT (§ 19.2-267.2)

When a subpoena has been served pursuant to Rule 3A:12 of the Rules of the
Supreme Court on a person who is not a party to the action requiring the
production of information that is stored in an electronic format, the person
shall produce a tangible copy of the information. If a tangible copy cannot be
produced, the person shall permit the parties to review the information on a
computer or by electronic means during normal business hours, provided that the
information can be accessed and isolated. If a tangible copy cannot reasonably
be produced and the information is commingled with information other than that
requested in the subpoena and cannot reasonably be isolated, the person may file
a motion for a protective order or motion to quash.

HISTORY: 2002, c. 764.