{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-265.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-265.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-265.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-265.html"}],"law_id":76322,"edition_id":1,"section_id":76322,"structure_id":14663,"section_number":"16.1-265","catch_line":"Subpoena; attorney-issued subpoena","history":"1977, c. 559; 2000, c. 813; 2004, c. 335; 2023, c. 92.","full_text":"Upon application of a party and pursuant to the Rules of Supreme Court of Virginia for the issuance of subpoenas, the clerk of the court shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of records, documents, or other tangible objects at any hearing.\n\t\tSubpoenas duces tecum for medical records shall be subject to the provisions of \u00a7\u00a7 8.01-413 and 32.1-127.1:03 except that no separate fee shall be imposed. A subpoena may also be issued in a civil proceeding 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 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 issued by a clerk shall apply mutatis mutandis, except that attorneys may not issue subpoenas in those cases in which they may not issue a summons as provided in \u00a7 8.01-407. When an attorney-at-law transmits one or more subpoenas or subpoenas duces tecum to a sheriff to be served in his jurisdiction, the provisions in \u00a7 8.01-407 regarding such transmittals shall apply. 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 required.\n\t\tIf the time for compliance with a subpoena 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 therefor. If objection is made, the party on whose behalf the subpoena was issued and served shall not be entitled to compliance, 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 compliance. Upon such timely motion, the court may quash, modify, or sustain the subpoena. The release of a person to whom an attorney-issued subpoena is directed shall be governed by the provisions of \u00a7 8.01-407.","order_by":null,"text":{"0":{"id":273991,"text":"Upon application of a party and pursuant to the Rules of Supreme Court of Virginia for the issuance of subpoenas, the clerk of the court shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of records, documents, or other tangible objects at any hearing.\n\t\tSubpoenas duces tecum for medical records shall be subject to the provisions of \u00a7\u00a7 8.01-413 and 32.1-127.1:03 except that no separate fee shall be imposed. A subpoena may also be issued in a civil proceeding 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 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 issued by a clerk shall apply mutatis mutandis, except that attorneys may not issue subpoenas in those cases in which they may not issue a summons as provided in \u00a7 8.01-407. When an attorney-at-law transmits one or more subpoenas or subpoenas duces tecum to a sheriff to be served in his jurisdiction, the provisions in \u00a7 8.01-407 regarding such transmittals shall apply. 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 required.\n\t\tIf the time for compliance with a subpoena 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 therefor. If objection is made, the party on whose behalf the subpoena was issued and served shall not be entitled to compliance, 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 compliance. Upon such timely motion, the court may quash, modify, or sustain the subpoena. The release of a person to whom an attorney-issued subpoena is directed shall be governed by the provisions of \u00a7 8.01-407.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14663,"edition_id":1,"name":"Intake, Petition and Notice","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12701,"metadata":{},"date_created":"2026-06-26 03:49:12","date_modified":"2026-06-26 03:49:12","permalink":{"id":161621,"object_type":"structure","relational_id":14663,"identifier":"5","token":"16.1\/11\/5","url":"\/16.1\/11\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12701,"edition_id":1,"name":"Juvenile and Domestic Relations District Courts","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160945,"object_type":"structure","relational_id":12701,"identifier":"11","token":"16.1\/11","url":"\/16.1\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68644,"structure_id":14663,"section_number":"16.1-259","catch_line":"Procedure in cases of adults","url":"\/16.1-259\/","token":"16.1\/11\/5\/16.1-259","metadata":false},{"id":57160,"structure_id":14663,"section_number":"16.1-260","catch_line":"Intake; petition; investigation","url":"\/16.1-260\/","token":"16.1\/11\/5\/16.1-260","metadata":false},{"id":70890,"structure_id":14663,"section_number":"16.1-261","catch_line":"Statements made at intake or mental health screening and assessment","url":"\/16.1-261\/","token":"16.1\/11\/5\/16.1-261","metadata":false},{"id":62109,"structure_id":14663,"section_number":"16.1-262","catch_line":"Form and content of petition","url":"\/16.1-262\/","token":"16.1\/11\/5\/16.1-262","metadata":false},{"id":56254,"structure_id":14663,"section_number":"16.1-263","catch_line":"Summonses","url":"\/16.1-263\/","token":"16.1\/11\/5\/16.1-263","metadata":false},{"id":75806,"structure_id":14663,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","url":"\/16.1-264\/","token":"16.1\/11\/5\/16.1-264","metadata":false},{"id":76322,"structure_id":14663,"section_number":"16.1-265","catch_line":"Subpoena; attorney-issued subpoena","url":"\/16.1-265\/","token":"16.1\/11\/5\/16.1-265","metadata":false}],"previous_section":{"id":75806,"structure_id":14663,"section_number":"16.1-264","catch_line":"Service of summons; proof of service; penalty","url":"\/16.1-264\/","token":"16.1\/11\/5\/16.1-264","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-265\/","history_text":"

This law was first created in 1977. The record of its establishment is cataloged in chapter 559 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1977 \u201cActs\u201d aren\u2019t available online. It has been modified 3 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2000, chapter 813<\/a>; in 2004, chapter 335<\/a>; in 2023, chapter 92<\/a>.<\/p>","references":false,"refers_to":[{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":59524,"section_number":"8.01-407","catch_line":"How summons for witness issued and to whom directed; how witness released from subpoena; prior permission of court to summon certain officials and judges","order_by":null,"url":"\/8.01-407\/"},{"id":80770,"section_number":"8.01-413","catch_line":"Certain copies of health care provider's health records of patient admissible; right of patient, his attorney and authorized insurer to copies of such health records; subpoena; damages, costs and attorney fees","order_by":null,"url":"\/8.01-413\/"}],"permalink":{"id":161647,"object_type":"law","relational_id":76322,"identifier":"16.1-265","token":"16.1\/11\/5\/16.1-265","url":"\/16.1-265\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-265\/","token":"16.1\/11\/5\/16.1-265","dublin_core":{"Title":"Subpoena; attorney-issued subpoena","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-265","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon application of a party<\/span> and pursuant to the Rules of Supreme Court of Virginia for the issuance of subpoenas<\/span>, the clerk of the court<\/span> shall issue<\/span>, and the court<\/span> on its own motion<\/span> may issue<\/span>, subpoenas<\/span> requiring attendance and testimony<\/span> of witnesses and production of records, documents, or other tangible objects<\/span> at any hearing<\/span>.\n\t\tSubpoenas<\/span> duces tecum for medical records shall be subject to the provisions of \u00a7\u00a7 8.01-413<\/a> and 32.1-127.1:03<\/a> except that no separate fee shall be imposed. A subpoena<\/span> may also be issued in a civil proceeding 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<\/span>. Any such subpoena<\/span> shall be on a form approved by the Committee on District Courts<\/span>, 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<\/span> in which the case is pending on the day of issuance by the attorney. The law<\/span> governing subpoenas<\/span> issued by a clerk shall apply mutatis mutandis<\/span>, except that attorneys may not issue<\/span> subpoenas<\/span> in those cases in which they may not issue<\/span> a summons<\/span> as provided in \u00a7 8.01-407<\/a>. When an attorney-at-law transmits one or more subpoenas<\/span> or subpoenas<\/span> duces tecum to a sheriff to be served in his jurisdiction<\/span>, the provisions in \u00a7 8.01-407<\/a> regarding such transmittals shall apply. A sheriff shall not be required to serve an attorney-issued subpoena<\/span> that is not issued at least five business days prior to the date production of evidence<\/span> is required.\n\t\tIf the time for compliance with a subpoena<\/span> issued by an attorney is less than 14 days after service of the subpoena<\/span>, the person to whom it is directed may serve upon the party<\/span> issuing the subpoena<\/span> a written objection setting forth any grounds therefor. If objection is made, the party<\/span> on whose behalf the subpoena<\/span> was issued and served shall not be entitled to compliance, except pursuant to an order<\/span> of the court<\/span>, but may, upon notice to the person to whom the subpoena<\/span> was directed, move for an order<\/span> to compel compliance. Upon such timely motion<\/span>, the court<\/span> may quash<\/span>, modify, or sustain<\/span> the subpoena<\/span>. The release of a person to whom an attorney-issued subpoena<\/span> is directed shall be governed by the provisions of \u00a7 8.01-407<\/a>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUBPOENA; ATTORNEY-ISSUED SUBPOENA (\u00a7 16.1-265)\n\nUpon application of a party and pursuant to the Rules of Supreme Court of\nVirginia for the issuance of subpoenas, the clerk of the court shall issue, and\nthe court on its own motion may issue, subpoenas requiring attendance and\ntestimony of witnesses and production of records, documents, or other tangible\nobjects at any hearing.\n\t\tSubpoenas duces tecum for medical records shall be subject to the provisions\nof \u00a7\u00a7 8.01-413 and 32.1-127.1:03 except that no separate fee shall be imposed.\nA subpoena may also be issued in a civil proceeding by an attorney-at-law who is\nan active member of the Virginia State Bar at the time of issuance, as an\nofficer of the court. Any such subpoena shall be on a form approved by the\nCommittee on District Courts, signed by the attorney as if a pleading, and shall\ninclude the attorney’s address. A copy, together with the attorney’s\ncertificate of service pursuant to Rule 1:12, shall be mailed or delivered to\nthe clerk’s office of the court in which the case is pending on the day of\nissuance by the attorney. The law governing subpoenas issued by a clerk shall\napply mutatis mutandis, except that attorneys may not issue subpoenas in those\ncases in which they may not issue a summons as provided in \u00a7 8.01-407. When an\nattorney-at-law transmits one or more subpoenas or subpoenas duces tecum to a\nsheriff to be served in his jurisdiction, the provisions in \u00a7 8.01-407\nregarding such transmittals shall apply. A sheriff shall not be required to\nserve an attorney-issued subpoena that is not issued at least five business days\nprior to the date production of evidence is required.\n\t\tIf the time for compliance with a subpoena issued by an attorney is less than\n14 days after service of the subpoena, the person to whom it is directed may\nserve upon the party issuing the subpoena a written objection setting forth any\ngrounds therefor. If objection is made, the party on whose behalf the subpoena\nwas issued and served shall not be entitled to compliance, except pursuant to an\norder of the court, but may, upon notice to the person to whom the subpoena was\ndirected, move for an order to compel compliance. Upon such timely motion, the\ncourt may quash, modify, or sustain the subpoena. The release of a person to\nwhom an attorney-issued subpoena is directed shall be governed by the provisions\nof \u00a7 8.01-407.\n\nHISTORY: 1977, c. 559; 2000, c. 813; 2004, c. 335; 2023, c. 92.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}