{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-10.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-10.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-10.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-10.4.html"}],"law_id":74594,"edition_id":1,"section_id":74594,"structure_id":14432,"section_number":"19.2-10.4","catch_line":"Subpoena duces tecum; attorney-issued subpoena duces tecum","history":"2020, c. 771.","full_text":"In any criminal case a subpoena duces tecum may be issued by the attorney of record 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 Executive Secretary of the Supreme Court of Virginia, signed by the attorney of record as if a pleading, and shall include the attorney’s address. A copy of the signed subpoena duces tecum, together with the attorney’s certificate of service pursuant to Rule 1:12, shall be mailed or delivered to the adverse party and 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 pursuant to Rule 3A:12(b) shall apply. A sheriff shall not be required to serve an attorney-issued subpoena duces tecum that is not issued at least five business days prior to the date production of evidence is desired. When an attorney 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 required. If objection is made, the party on whose behalf the subpoena duces tecum 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 duces tecum.\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.","order_by":null,"text":{"0":{"id":268083,"text":"In any criminal case a subpoena duces tecum may be issued by the attorney of record 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 Executive Secretary of the Supreme Court of Virginia, signed by the attorney of record as if a pleading, and shall include the attorney’s address. A copy of the signed subpoena duces tecum, together with the attorney’s certificate of service pursuant to Rule 1:12, shall be mailed or delivered to the adverse party and 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 pursuant to Rule 3A:12(b) shall apply. A sheriff shall not be required to serve an attorney-issued subpoena duces tecum that is not issued at least five business days prior to the date production of evidence is desired. When an attorney 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 required. If objection is made, the party on whose behalf the subpoena duces tecum 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 duces tecum.\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.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14432,"edition_id":1,"name":"General Provisions","identifier":"1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:48:07","date_modified":"2026-06-26 03:48:07","permalink":{"id":168171,"object_type":"structure","relational_id":14432,"identifier":"1","token":"19.2\/1","url":"\/19.2\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63715,"structure_id":14432,"section_number":"19.2-1","catch_line":"Repealing clause","url":"\/19.2-1\/","token":"19.2\/1\/19.2-1","metadata":false},{"id":85785,"structure_id":14432,"section_number":"19.2-10","catch_line":"Outlawry abolished","url":"\/19.2-10\/","token":"19.2\/1\/19.2-10","metadata":false},{"id":55795,"structure_id":14432,"section_number":"19.2-10.1","catch_line":"(Effective July 1, 2026) Subpoena duces tecum for obtaining records concerning banking and credit cards","url":"\/19.2-10.1\/","token":"19.2\/1\/19.2-10.1","metadata":false},{"id":87357,"structure_id":14432,"section_number":"19.2-10.2","catch_line":"Administrative subpoena issued for record from provider of electronic communication service or remote computing service","url":"\/19.2-10.2\/","token":"19.2\/1\/19.2-10.2","metadata":false},{"id":80864,"structure_id":14432,"section_number":"19.2-10.3","catch_line":"Reasonable suspicion required to stop, board, or inspect a noncommercial vessel on navigable waters of the Commonwealth","url":"\/19.2-10.3\/","token":"19.2\/1\/19.2-10.3","metadata":false},{"id":74594,"structure_id":14432,"section_number":"19.2-10.4","catch_line":"Subpoena duces tecum; attorney-issued subpoena duces tecum","url":"\/19.2-10.4\/","token":"19.2\/1\/19.2-10.4","metadata":false},{"id":84111,"structure_id":14432,"section_number":"19.2-11","catch_line":"Procedure in contempt cases","url":"\/19.2-11\/","token":"19.2\/1\/19.2-11","metadata":false},{"id":83936,"structure_id":14432,"section_number":"19.2-2","catch_line":"Effect of repeal of Title 19.1 and enactment of this title","url":"\/19.2-2\/","token":"19.2\/1\/19.2-2","metadata":false},{"id":58240,"structure_id":14432,"section_number":"19.2-3","catch_line":"Certain notices, recognizances and processes validated","url":"\/19.2-3\/","token":"19.2\/1\/19.2-3","metadata":false},{"id":84637,"structure_id":14432,"section_number":"19.2-3.1","catch_line":"Personal appearance by two-way electronic video and audio communication; standards","url":"\/19.2-3.1\/","token":"19.2\/1\/19.2-3.1","metadata":false},{"id":70830,"structure_id":14432,"section_number":"19.2-4","catch_line":"References to former sections, articles or chapters of Titles 18.1 and 19.1","url":"\/19.2-4\/","token":"19.2\/1\/19.2-4","metadata":false},{"id":67384,"structure_id":14432,"section_number":"19.2-5","catch_line":"Meaning of certain terms","url":"\/19.2-5\/","token":"19.2\/1\/19.2-5","metadata":false},{"id":87210,"structure_id":14432,"section_number":"19.2-6","catch_line":"Appointive power of circuit courts","url":"\/19.2-6\/","token":"19.2\/1\/19.2-6","metadata":false},{"id":63248,"structure_id":14432,"section_number":"19.2-7","catch_line":"Rewards for arrest of persons convicted of or charged with offenses; rewards for conviction of unknown offenders","url":"\/19.2-7\/","token":"19.2\/1\/19.2-7","metadata":false},{"id":71434,"structure_id":14432,"section_number":"19.2-8","catch_line":"Limitation of prosecutions","url":"\/19.2-8\/","token":"19.2\/1\/19.2-8","metadata":false},{"id":87384,"structure_id":14432,"section_number":"19.2-8.1","catch_line":"Prosecution for murder or manslaughter; passage of time not a limitation","url":"\/19.2-8.1\/","token":"19.2\/1\/19.2-8.1","metadata":false},{"id":66117,"structure_id":14432,"section_number":"19.2-9","catch_line":"Prosecution of certain criminal cases removed from state to federal courts; costs","url":"\/19.2-9\/","token":"19.2\/1\/19.2-9","metadata":false},{"id":56249,"structure_id":14432,"section_number":"19.2-9.1","catch_line":"Written notice required for complaining witness who is requested to take polygraph test","url":"\/19.2-9.1\/","token":"19.2\/1\/19.2-9.1","metadata":false}],"previous_section":{"id":80864,"structure_id":14432,"section_number":"19.2-10.3","catch_line":"Reasonable suspicion required to stop, board, or inspect a noncommercial vessel on navigable waters of the Commonwealth","url":"\/19.2-10.3\/","token":"19.2\/1\/19.2-10.3","metadata":false},"next_section":{"id":84111,"structure_id":14432,"section_number":"19.2-11","catch_line":"Procedure in contempt cases","url":"\/19.2-11\/","token":"19.2\/1\/19.2-11","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-10.4\/","history_text":"

This law was first created in 2020. The record of its establishment is cataloged in chapter 771<\/a> 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.<\/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":168193,"object_type":"law","relational_id":74594,"identifier":"19.2-10.4","token":"19.2\/1\/19.2-10.4","url":"\/19.2-10.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-10.4\/","token":"19.2\/1\/19.2-10.4","dublin_core":{"Title":"Subpoena duces tecum; attorney-issued subpoena duces tecum","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-10.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In any criminal case a subpoena duces tecum<\/span> may be issued by the attorney of record 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 Executive Secretary of the Supreme Court<\/span> of Virginia, signed by the attorney of record as if a pleading, and shall include the attorney’s address. A copy of the signed subpoena duces tecum<\/span>, together with the attorney’s certificate of service pursuant to Rule 1:12, shall be mailed or delivered to the adverse party<\/span> and 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 pursuant to Rule 3A:12(b) shall apply. A sheriff shall not be required to serve an attorney-issued subpoena duces tecum<\/span> that is not issued at least five business days prior to the date production of evidence<\/span> is desired. When an attorney 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 required. If objection is made, the party<\/span> on whose behalf the subpoena duces tecum<\/span> 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 duces tecum<\/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.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nSUBPOENA DUCES TECUM; ATTORNEY-ISSUED SUBPOENA DUCES TECUM (\u00a7 19.2-10.4)\n\nIn any criminal case a subpoena duces tecum may be issued by the attorney of\nrecord who is an active member of the Virginia State Bar at the time of\nissuance, as an officer of the court. Any such subpoena duces tecum shall be on\na form approved by the Executive Secretary of the Supreme Court of Virginia,\nsigned by the attorney of record as if a pleading, and shall include the\nattorney’s address. A copy of the signed subpoena duces tecum, together\nwith the attorney’s certificate of service pursuant to Rule 1:12, shall be\nmailed or delivered to the adverse party and to the clerk’s office of the\ncourt in which the case is pending on the day of issuance by the attorney. The\nlaw governing subpoenas duces tecum issued pursuant to Rule 3A:12(b) shall\napply. A sheriff shall not be required to serve an attorney-issued subpoena\nduces tecum that is not issued at least five business days prior to the date\nproduction of evidence is desired. When an attorney transmits one or more\nsubpoenas duces tecum to a sheriff to be served in his jurisdiction, the\nprovisions 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 required. If objection is made, the party on whose behalf the\nsubpoena duces tecum was issued and served shall not be entitled to the\nrequested production, inspection, or testing, except pursuant to an order of the\ncourt, but may, upon notice to the person to whom the subpoena was directed,\nmove for an order to compel production, inspection, or testing. Upon such timely\nmotion, the court may quash, modify, or sustain the subpoena duces tecum.\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\nHISTORY: 2020, c. 771.","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}}