{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-89.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-89.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-89.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-89.html"}],"law_id":73502,"edition_id":1,"section_id":73502,"structure_id":13176,"section_number":"16.1-89","catch_line":"Subpoena duces tecum; attorney-issued subpoena duces tecum","history":"1956, c. 555; 1979, c. 668; 1984, c. 500; 1986, c. 160; 2000, c. 813; 2004, c. 335.","full_text":"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.\n\t\tSubpoenas duces tecum for medical records issued by an attorney shall be subject to the provisions of \u00a7\u00a7 8.01-413 and 32.1-127.1:03 except that no separate fee for issuance shall be imposed.\n\t\tA 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 \u00a7 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 \u00a7 8.01-407 regarding such transmittals shall apply.\n\t\tIf 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.","order_by":null,"text":{"0":{"id":264478,"text":"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.\n\t\tSubpoenas duces tecum for medical records issued by an attorney shall be subject to the provisions of \u00a7\u00a7 8.01-413 and 32.1-127.1:03 except that no separate fee for issuance shall be imposed.\n\t\tA 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 \u00a7 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 \u00a7 8.01-407 regarding such transmittals shall apply.\n\t\tIf 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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13176,"edition_id":1,"name":"Procedure in Civil Cases","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":13175,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162399,"object_type":"structure","relational_id":13176,"identifier":"3","token":"16.1\/6\/3","url":"\/16.1\/6\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13175,"edition_id":1,"name":"Venue, Jurisdiction and Procedure in Civil Matters","identifier":"6","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:44:23","date_modified":"2026-06-26 03:44:23","permalink":{"id":162373,"object_type":"structure","relational_id":13175,"identifier":"6","token":"16.1\/6","url":"\/16.1\/6\/","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":73499,"structure_id":13176,"section_number":"16.1-100","catch_line":"Additional executions; by whom issued","url":"\/16.1-100\/","token":"16.1\/6\/3\/16.1-100","metadata":false},{"id":86974,"structure_id":13176,"section_number":"16.1-101","catch_line":"Proceedings against officer failing to make or making improper return","url":"\/16.1-101\/","token":"16.1\/6\/3\/16.1-101","metadata":false},{"id":86518,"structure_id":13176,"section_number":"16.1-102","catch_line":"Officers and sureties liable for money collected after return day","url":"\/16.1-102\/","token":"16.1\/6\/3\/16.1-102","metadata":false},{"id":78448,"structure_id":13176,"section_number":"16.1-103","catch_line":"Proceedings by interrogatories","url":"\/16.1-103\/","token":"16.1\/6\/3\/16.1-103","metadata":false},{"id":54194,"structure_id":13176,"section_number":"16.1-104","catch_line":"Repealed","url":"\/16.1-104\/","token":"16.1\/6\/3\/16.1-104","metadata":false},{"id":86498,"structure_id":13176,"section_number":"16.1-105","catch_line":"Attachments","url":"\/16.1-105\/","token":"16.1\/6\/3\/16.1-105","metadata":false},{"id":79702,"structure_id":13176,"section_number":"16.1-106","catch_line":"Appeals from courts not of record in civil cases","url":"\/16.1-106\/","token":"16.1\/6\/3\/16.1-106","metadata":false},{"id":77862,"structure_id":13176,"section_number":"16.1-106.1","catch_line":"Withdrawal of appeal in civil cases","url":"\/16.1-106.1\/","token":"16.1\/6\/3\/16.1-106.1","metadata":false},{"id":55864,"structure_id":13176,"section_number":"16.1-107","catch_line":"Requirements for appeal","url":"\/16.1-107\/","token":"16.1\/6\/3\/16.1-107","metadata":false},{"id":67526,"structure_id":13176,"section_number":"16.1-108","catch_line":"Deposit of money in lieu of bond","url":"\/16.1-108\/","token":"16.1\/6\/3\/16.1-108","metadata":false},{"id":58518,"structure_id":13176,"section_number":"16.1-109","catch_line":"Appellate court may require new or additional security","url":"\/16.1-109\/","token":"16.1\/6\/3\/16.1-109","metadata":false},{"id":71245,"structure_id":13176,"section_number":"16.1-110","catch_line":"Bankruptcy of appellant does not release surety","url":"\/16.1-110\/","token":"16.1\/6\/3\/16.1-110","metadata":false},{"id":78313,"structure_id":13176,"section_number":"16.1-111","catch_line":"Court to which appeal sent","url":"\/16.1-111\/","token":"16.1\/6\/3\/16.1-111","metadata":false},{"id":79859,"structure_id":13176,"section_number":"16.1-112","catch_line":"All papers transmitted to appellate court; further proceedings","url":"\/16.1-112\/","token":"16.1\/6\/3\/16.1-112","metadata":false},{"id":65744,"structure_id":13176,"section_number":"16.1-113","catch_line":"How appeals tried","url":"\/16.1-113\/","token":"16.1\/6\/3\/16.1-113","metadata":false},{"id":85944,"structure_id":13176,"section_number":"16.1-114","catch_line":"Repealed","url":"\/16.1-114\/","token":"16.1\/6\/3\/16.1-114","metadata":false},{"id":56756,"structure_id":13176,"section_number":"16.1-114.1","catch_line":"Principles applicable in trial of appeals; defective or irregular warrants or motions","url":"\/16.1-114.1\/","token":"16.1\/6\/3\/16.1-114.1","metadata":false},{"id":84069,"structure_id":13176,"section_number":"16.1-115","catch_line":"Repealed","url":"\/16.1-115\/","token":"16.1\/6\/3\/16.1-115","metadata":false},{"id":68958,"structure_id":13176,"section_number":"16.1-116","catch_line":"Issuance of executions and abstracts and proceedings by interrogatories after papers returned to circuit court","url":"\/16.1-116\/","token":"16.1\/6\/3\/16.1-116","metadata":false},{"id":54192,"structure_id":13176,"section_number":"16.1-117","catch_line":"When papers in civil cases in certain municipal courts may be destroyed","url":"\/16.1-117\/","token":"16.1\/6\/3\/16.1-117","metadata":false},{"id":86399,"structure_id":13176,"section_number":"16.1-118","catch_line":"When papers in civil cases returned to courts of record may be destroyed","url":"\/16.1-118\/","token":"16.1\/6\/3\/16.1-118","metadata":false},{"id":78717,"structure_id":13176,"section_number":"16.1-118.1","catch_line":"Destruction of papers in civil cases in certain district courts","url":"\/16.1-118.1\/","token":"16.1\/6\/3\/16.1-118.1","metadata":false},{"id":69715,"structure_id":13176,"section_number":"16.1-79","catch_line":"Actions brought on warrant","url":"\/16.1-79\/","token":"16.1\/6\/3\/16.1-79","metadata":false},{"id":54886,"structure_id":13176,"section_number":"16.1-79.1","catch_line":"Electronic filing of civil cases","url":"\/16.1-79.1\/","token":"16.1\/6\/3\/16.1-79.1","metadata":false},{"id":73585,"structure_id":13176,"section_number":"16.1-80","catch_line":"Service of warrant and return thereof","url":"\/16.1-80\/","token":"16.1\/6\/3\/16.1-80","metadata":false},{"id":68153,"structure_id":13176,"section_number":"16.1-81","catch_line":"Actions brought by motion for judgment","url":"\/16.1-81\/","token":"16.1\/6\/3\/16.1-81","metadata":false},{"id":54713,"structure_id":13176,"section_number":"16.1-81.1","catch_line":"Certain corporations; pro se representation","url":"\/16.1-81.1\/","token":"16.1\/6\/3\/16.1-81.1","metadata":false},{"id":80374,"structure_id":13176,"section_number":"16.1-82","catch_line":"Service of motion; return thereon and delivery to the court; how disposed of","url":"\/16.1-82\/","token":"16.1\/6\/3\/16.1-82","metadata":false},{"id":85267,"structure_id":13176,"section_number":"16.1-83","catch_line":"Consent of parties required for trial within five days of service","url":"\/16.1-83\/","token":"16.1\/6\/3\/16.1-83","metadata":false},{"id":80303,"structure_id":13176,"section_number":"16.1-83.1","catch_line":"Certification of expert witness opinion at time of service of process","url":"\/16.1-83.1\/","token":"16.1\/6\/3\/16.1-83.1","metadata":false},{"id":85207,"structure_id":13176,"section_number":"16.1-84","catch_line":"When action or proceeding not lost; when matured for hearing","url":"\/16.1-84\/","token":"16.1\/6\/3\/16.1-84","metadata":false},{"id":82898,"structure_id":13176,"section_number":"16.1-85","catch_line":"What term \"warrant\" to include","url":"\/16.1-85\/","token":"16.1\/6\/3\/16.1-85","metadata":false},{"id":81746,"structure_id":13176,"section_number":"16.1-86","catch_line":"When action deemed brought","url":"\/16.1-86\/","token":"16.1\/6\/3\/16.1-86","metadata":false},{"id":59297,"structure_id":13176,"section_number":"16.1-86.1","catch_line":"Repealed","url":"\/16.1-86.1\/","token":"16.1\/6\/3\/16.1-86.1","metadata":false},{"id":72640,"structure_id":13176,"section_number":"16.1-87","catch_line":"Repealed","url":"\/16.1-87\/","token":"16.1\/6\/3\/16.1-87","metadata":false},{"id":84650,"structure_id":13176,"section_number":"16.1-88","catch_line":"Procedure when plaintiff sues on sworn claim","url":"\/16.1-88\/","token":"16.1\/6\/3\/16.1-88","metadata":false},{"id":82741,"structure_id":13176,"section_number":"16.1-88.01","catch_line":"Counterclaims","url":"\/16.1-88.01\/","token":"16.1\/6\/3\/16.1-88.01","metadata":false},{"id":76355,"structure_id":13176,"section_number":"16.1-88.02","catch_line":"Cross-claims","url":"\/16.1-88.02\/","token":"16.1\/6\/3\/16.1-88.02","metadata":false},{"id":81566,"structure_id":13176,"section_number":"16.1-88.03","catch_line":"Pleadings and other papers by certain parties not represented by attorneys","url":"\/16.1-88.03\/","token":"16.1\/6\/3\/16.1-88.03","metadata":false},{"id":71230,"structure_id":13176,"section_number":"16.1-88.1","catch_line":"Repealed","url":"\/16.1-88.1\/","token":"16.1\/6\/3\/16.1-88.1","metadata":false},{"id":64597,"structure_id":13176,"section_number":"16.1-88.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records","url":"\/16.1-88.2\/","token":"16.1\/6\/3\/16.1-88.2","metadata":false},{"id":73502,"structure_id":13176,"section_number":"16.1-89","catch_line":"Subpoena duces tecum; attorney-issued subpoena duces tecum","url":"\/16.1-89\/","token":"16.1\/6\/3\/16.1-89","metadata":false},{"id":73564,"structure_id":13176,"section_number":"16.1-90","catch_line":"Recognizance upon continuation of case","url":"\/16.1-90\/","token":"16.1\/6\/3\/16.1-90","metadata":false},{"id":63737,"structure_id":13176,"section_number":"16.1-91","catch_line":"Repealed","url":"\/16.1-91\/","token":"16.1\/6\/3\/16.1-91","metadata":false},{"id":63754,"structure_id":13176,"section_number":"16.1-91.1","catch_line":"Costs to be included in judgment on forthcoming bond","url":"\/16.1-91.1\/","token":"16.1\/6\/3\/16.1-91.1","metadata":false},{"id":57473,"structure_id":13176,"section_number":"16.1-91.2","catch_line":"Judge to keep record of judgment on forthcoming bond; how to endorse execution","url":"\/16.1-91.2\/","token":"16.1\/6\/3\/16.1-91.2","metadata":false},{"id":74408,"structure_id":13176,"section_number":"16.1-92","catch_line":"Repealed","url":"\/16.1-92\/","token":"16.1\/6\/3\/16.1-92","metadata":false},{"id":76601,"structure_id":13176,"section_number":"16.1-93","catch_line":"Principles applicable to trial of cases","url":"\/16.1-93\/","token":"16.1\/6\/3\/16.1-93","metadata":false},{"id":83719,"structure_id":13176,"section_number":"16.1-93.1","catch_line":"Use of telephonic communication systems or electronic video and audio communication systems to conduct hearing","url":"\/16.1-93.1\/","token":"16.1\/6\/3\/16.1-93.1","metadata":false},{"id":64532,"structure_id":13176,"section_number":"16.1-94","catch_line":"Judgment to be noted on papers; formal orders may be entered","url":"\/16.1-94\/","token":"16.1\/6\/3\/16.1-94","metadata":false},{"id":77917,"structure_id":13176,"section_number":"16.1-94.01","catch_line":"When and how satisfaction entered on judgment","url":"\/16.1-94.01\/","token":"16.1\/6\/3\/16.1-94.01","metadata":false},{"id":86540,"structure_id":13176,"section_number":"16.1-94.1","catch_line":"Limitations on enforcement of district court judgments","url":"\/16.1-94.1\/","token":"16.1\/6\/3\/16.1-94.1","metadata":false},{"id":74159,"structure_id":13176,"section_number":"16.1-95","catch_line":"Abstract of judgment","url":"\/16.1-95\/","token":"16.1\/6\/3\/16.1-95","metadata":false},{"id":66824,"structure_id":13176,"section_number":"16.1-96","catch_line":"What abstract to contain","url":"\/16.1-96\/","token":"16.1\/6\/3\/16.1-96","metadata":false},{"id":61732,"structure_id":13176,"section_number":"16.1-97","catch_line":"Repealed","url":"\/16.1-97\/","token":"16.1\/6\/3\/16.1-97","metadata":false},{"id":86972,"structure_id":13176,"section_number":"16.1-97.1","catch_line":"When a new trial is granted","url":"\/16.1-97.1\/","token":"16.1\/6\/3\/16.1-97.1","metadata":false},{"id":81712,"structure_id":13176,"section_number":"16.1-98","catch_line":"Fieri facias or writ of possession on judgment","url":"\/16.1-98\/","token":"16.1\/6\/3\/16.1-98","metadata":false},{"id":64144,"structure_id":13176,"section_number":"16.1-99","catch_line":"When and where executions returnable; to whom directed","url":"\/16.1-99\/","token":"16.1\/6\/3\/16.1-99","metadata":false}],"previous_section":{"id":64597,"structure_id":13176,"section_number":"16.1-88.2","catch_line":"Evidence of medical reports, statements, or records; testimony of health care provider or custodian of records","url":"\/16.1-88.2\/","token":"16.1\/6\/3\/16.1-88.2","metadata":false},"next_section":{"id":73564,"structure_id":13176,"section_number":"16.1-90","catch_line":"Recognizance upon continuation of case","url":"\/16.1-90\/","token":"16.1\/6\/3\/16.1-90","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-89\/","history_text":"

This law was first created in 1956. The record of its establishment is cataloged in chapter 555 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 1956 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 1979, chapter 668; in 1984, chapter 500; in 1986, chapter 160; in 2000, chapter 813<\/a>; in 2004, chapter 335<\/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":162565,"object_type":"law","relational_id":73502,"identifier":"16.1-89","token":"16.1\/6\/3\/16.1-89","url":"\/16.1-89\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-89\/","token":"16.1\/6\/3\/16.1-89","dublin_core":{"Title":"Subpoena duces tecum; attorney-issued subpoena duces tecum","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-89","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A judge<\/span> or clerk of a district court<\/span> may issue<\/span> a subpoena duces tecum<\/span> pursuant to the terms of Rule 4:9A of the Rules of the Supreme Court<\/span> of Virginia except that such subpoena may be directed to a party<\/span> to the case as well as to a person who is not a party<\/span>.\n\t\tSubpoenas<\/span> duces tecum for medical records issued by an attorney 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 for issuance shall be imposed.\n\t\tA subpoena duces tecum<\/span> may also be issued by an attorney-at-law<\/span> 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 duces tecum<\/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> duces tecum issued by a clerk shall apply mutatis mutandis<\/span>, except that attorneys may not issue<\/span> subpoenas<\/span> duces tecum in those cases in which they may not issue<\/span> a summons<\/span> as provided in \u00a7 8.01-407<\/a>. 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<\/span> is desired. When an attorney-at-law<\/span> transmits one or more 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.\n\t\tIf the time for compliance with a subpoena duces tecum<\/span> 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<\/span> 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<\/span> 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<\/span> of the court<\/span>, but may, upon notice to the person to whom the subpoena was directed, move for an order<\/span> to compel production, inspection or testing. Upon such timely motion<\/span>, the court<\/span> may quash<\/span>, modify or sustain<\/span> the subpoena.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUBPOENA DUCES TECUM; ATTORNEY-ISSUED SUBPOENA DUCES TECUM (\u00a7 16.1-89)\n\nA judge or clerk of a district court may issue a subpoena duces tecum pursuant\nto the terms of Rule 4:9A of the Rules of the Supreme Court of Virginia except\nthat such subpoena may be directed to a party to the case as well as to a person\nwho is not a party.\n\t\tSubpoenas duces tecum for medical records issued by an attorney shall be\nsubject to the provisions of \u00a7\u00a7 8.01-413 and 32.1-127.1:03 except that no\nseparate fee for issuance shall be imposed.\n\t\tA subpoena duces tecum may also be issued by an attorney-at-law who is an\nactive member of the Virginia State Bar at the time of issuance, as an officer\nof the court. Any such subpoena duces tecum 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 duces tecum issued by a\nclerk shall apply mutatis mutandis, except that attorneys may not issue\nsubpoenas duces tecum in those cases in which they may not issue a summons as\nprovided in \u00a7 8.01-407. A sheriff shall not be required to serve an\nattorney-issued subpoena that is not issued at least five business days prior to\nthe date production of evidence is desired. When an attorney-at-law transmits\none or more subpoenas duces tecum to a sheriff to be served in his jurisdiction,\nthe provisions in \u00a7 8.01-407 regarding such transmittals shall apply.\n\t\tIf the time for compliance with a subpoena duces tecum issued by an attorney\nis less than 14 days after service of the subpoena, the person to whom it is\ndirected may serve upon the party issuing the subpoena a written objection\nsetting forth any grounds upon which such production, inspection or testing\nshould not be had. If objection is made, the party on whose behalf the subpoena\nwas issued and served shall not be entitled to the requested production,\ninspection or testing, except pursuant to an order of the court, but may, upon\nnotice to the person to whom the subpoena was directed, move for an order to\ncompel production, inspection or testing. Upon such timely motion, the court may\nquash, modify or sustain the subpoena.\n\nHISTORY: 1956, c. 555; 1979, c. 668; 1984, c. 500; 1986, c. 160; 2000, c. 813;\n2004, c. 335.","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}}