{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-267.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-267.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-267.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-267.html"}],"law_id":70616,"edition_id":1,"section_id":70616,"structure_id":12962,"section_number":"19.2-267","catch_line":"Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons","history":"Code 1950, \u00a7 19.1-262; 1960, c. 366; 1962, c. 374; 1975, c. 495; 1977, c. 624; 1991, c. 38; 1994, c. 543; 2007, c. 552; 2008, c. 124; 2014, c. 744.","full_text":"Sections 8.01-396.1, 8.01-402, 8.01-405, 8.01-407, and 8.01-408 to 8.01-410, inclusive, shall apply to a criminal as well as a civil case in all respects, except that a witness in a criminal case shall be obliged to attend, and may be proceeded against for failing to do so, although there may not previously have been any payment, or tender to him of anything for attendance, mileage, or tolls. In a criminal case a summons for a witness may be issued by the attorney for the Commonwealth or other attorney charged with the responsibility for the prosecution of a violation of any ordinance or by the attorney for the defendant; however, any attorney who issues such a summons shall, at the time of the issuance, file with the clerk of the court the names and addresses of such witnesses except to the extent protected under \u00a7 19.2-11.2.","order_by":null,"text":{"0":{"id":254793,"text":"Sections 8.01-396.1, 8.01-402, 8.01-405, 8.01-407, and 8.01-408 to 8.01-410, inclusive, shall apply to a criminal as well as a civil case in all respects, except that a witness in a criminal case shall be obliged to attend, and may be proceeded against for failing to do so, although there may not previously have been any payment, or tender to him of anything for attendance, mileage, or tolls. In a criminal case a summons for a witness may be issued by the attorney for the Commonwealth or other attorney charged with the responsibility for the prosecution of a violation of any ordinance or by the attorney for the defendant; however, any attorney who issues such a summons shall, at the time of the issuance, file with the clerk of the court the names and addresses of such witnesses except to the extent protected under \u00a7 19.2-11.2.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12962,"edition_id":1,"name":"In General","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12961,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169213,"object_type":"structure","relational_id":12962,"identifier":"1","token":"19.2\/16\/1","url":"\/19.2\/16\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12961,"edition_id":1,"name":"Evidence and Witnesses","identifier":"16","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:04","date_modified":"2026-06-26 03:44:04","permalink":{"id":169211,"object_type":"structure","relational_id":12961,"identifier":"16","token":"19.2\/16","url":"\/19.2\/16\/","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":70616,"structure_id":12962,"section_number":"19.2-267","catch_line":"Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons","url":"\/19.2-267\/","token":"19.2\/16\/1\/19.2-267","metadata":false},{"id":80018,"structure_id":12962,"section_number":"19.2-267.1","catch_line":"Authority of law-enforcement officer to issue summons to witness; failure to appear","url":"\/19.2-267.1\/","token":"19.2\/16\/1\/19.2-267.1","metadata":false},{"id":58922,"structure_id":12962,"section_number":"19.2-267.2","catch_line":"Response to subpoena for information stored in electronic format","url":"\/19.2-267.2\/","token":"19.2\/16\/1\/19.2-267.2","metadata":false},{"id":83006,"structure_id":12962,"section_number":"19.2-268","catch_line":"Right of accused to testify","url":"\/19.2-268\/","token":"19.2\/16\/1\/19.2-268","metadata":false},{"id":72787,"structure_id":12962,"section_number":"19.2-268.1","catch_line":"Contradiction by prior inconsistent writing (Subdivision (b)(i) of Supreme Court Rule 2:613 derived in part from this section)","url":"\/19.2-268.1\/","token":"19.2\/16\/1\/19.2-268.1","metadata":false},{"id":76061,"structure_id":12962,"section_number":"19.2-268.2","catch_line":"Recent complaint hearsay exception (Subdivision (23) of Supreme Court Rule 2:803 derived from this section)","url":"\/19.2-268.2\/","token":"19.2\/16\/1\/19.2-268.2","metadata":false},{"id":64807,"structure_id":12962,"section_number":"19.2-268.3","catch_line":"Admissibility of statements by children in certain cases","url":"\/19.2-268.3\/","token":"19.2\/16\/1\/19.2-268.3","metadata":false},{"id":79860,"structure_id":12962,"section_number":"19.2-269","catch_line":"Convicts as witnesses (Supreme Court Rule 2:609 derived from this section)","url":"\/19.2-269\/","token":"19.2\/16\/1\/19.2-269","metadata":false},{"id":77666,"structure_id":12962,"section_number":"19.2-269.1","catch_line":"Inmates as witnesses in criminal cases","url":"\/19.2-269.1\/","token":"19.2\/16\/1\/19.2-269.1","metadata":false},{"id":67973,"structure_id":12962,"section_number":"19.2-269.2","catch_line":"Nondisclosure of addresses or telephone numbers of crime victims and witnesses","url":"\/19.2-269.2\/","token":"19.2\/16\/1\/19.2-269.2","metadata":false},{"id":63323,"structure_id":12962,"section_number":"19.2-270","catch_line":"When statement by accused as witness not received as evidence","url":"\/19.2-270\/","token":"19.2\/16\/1\/19.2-270","metadata":false},{"id":86326,"structure_id":12962,"section_number":"19.2-270.1","catch_line":"Use of photographs as evidence in certain larceny and burglary prosecutions","url":"\/19.2-270.1\/","token":"19.2\/16\/1\/19.2-270.1","metadata":false},{"id":86031,"structure_id":12962,"section_number":"19.2-270.1:1","catch_line":"Computer and electronic data in obscenity, etc. cases; access to defendant","url":"\/19.2-270.1_1\/","token":"19.2\/16\/1\/19.2-270.1_1","metadata":false},{"id":54053,"structure_id":12962,"section_number":"19.2-270.2","catch_line":"Disposition of money, securities or documents seized upon arrest, etc., and pertinent as evidence","url":"\/19.2-270.2\/","token":"19.2\/16\/1\/19.2-270.2","metadata":false},{"id":79537,"structure_id":12962,"section_number":"19.2-270.3","catch_line":"Admissible evidence as to identity of party presenting bad check, draft or order","url":"\/19.2-270.3\/","token":"19.2\/16\/1\/19.2-270.3","metadata":false},{"id":59185,"structure_id":12962,"section_number":"19.2-270.4","catch_line":"When donation, destruction, or return of exhibits received in evidence authorized","url":"\/19.2-270.4\/","token":"19.2\/16\/1\/19.2-270.4","metadata":false},{"id":58746,"structure_id":12962,"section_number":"19.2-270.4:1","catch_line":"Storage, preservation and retention of human biological evidence in felony cases","url":"\/19.2-270.4_1\/","token":"19.2\/16\/1\/19.2-270.4_1","metadata":false},{"id":73612,"structure_id":12962,"section_number":"19.2-270.5","catch_line":"DNA profile admissible in criminal proceeding","url":"\/19.2-270.5\/","token":"19.2\/16\/1\/19.2-270.5","metadata":false},{"id":78047,"structure_id":12962,"section_number":"19.2-270.6","catch_line":"Evidence of abuse admissible in certain criminal trials (Supreme Court Rule 2:409 derived from this section)","url":"\/19.2-270.6\/","token":"19.2\/16\/1\/19.2-270.6","metadata":false},{"id":58400,"structure_id":12962,"section_number":"19.2-270.7","catch_line":"Determining decibel level of sound with proper equipment; certificate as to accuracy of equipment","url":"\/19.2-270.7\/","token":"19.2\/16\/1\/19.2-270.7","metadata":false},{"id":82522,"structure_id":12962,"section_number":"19.2-271","catch_line":"Certain judicial officers incompetent to testify under certain circumstances; exceptions (Supreme Court Rule 2:605 derived from this section)","url":"\/19.2-271\/","token":"19.2\/16\/1\/19.2-271","metadata":false},{"id":74995,"structure_id":12962,"section_number":"19.2-271.1","catch_line":"Competency of spouses to testify","url":"\/19.2-271.1\/","token":"19.2\/16\/1\/19.2-271.1","metadata":false},{"id":66486,"structure_id":12962,"section_number":"19.2-271.2","catch_line":"Testimony of spouses in criminal cases (Subsection (b) of Supreme Court Rule 2:504 derived from this section)","url":"\/19.2-271.2\/","token":"19.2\/16\/1\/19.2-271.2","metadata":false},{"id":54753,"structure_id":12962,"section_number":"19.2-271.3","catch_line":"Communications between ministers of religion and persons they counsel or advise (Supreme Court Rule 2:503 derived in part from this section)","url":"\/19.2-271.3\/","token":"19.2\/16\/1\/19.2-271.3","metadata":false},{"id":74779,"structure_id":12962,"section_number":"19.2-271.4","catch_line":"Privileged communications by certain public safety personnel","url":"\/19.2-271.4\/","token":"19.2\/16\/1\/19.2-271.4","metadata":false},{"id":55255,"structure_id":12962,"section_number":"19.2-271.5","catch_line":"Protected information; newspersons engaged in journalism","url":"\/19.2-271.5\/","token":"19.2\/16\/1\/19.2-271.5","metadata":false},{"id":58525,"structure_id":12962,"section_number":"19.2-271.6","catch_line":"Evidence of defendant's mental condition admissible; notice to Commonwealth","url":"\/19.2-271.6\/","token":"19.2\/16\/1\/19.2-271.6","metadata":false},{"id":63925,"structure_id":12962,"section_number":"19.2-271.7","catch_line":"Notifying defendant of consequences criminal proceedings can have on immigration","url":"\/19.2-271.7\/","token":"19.2\/16\/1\/19.2-271.7","metadata":false}],"next_section":{"id":80018,"structure_id":12962,"section_number":"19.2-267.1","catch_line":"Authority of law-enforcement officer to issue summons to witness; failure to appear","url":"\/19.2-267.1\/","token":"19.2\/16\/1\/19.2-267.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-267\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. It has been modified 9 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 1960, chapter 366; in 1962, chapter 374; in 1975, chapter 495; in 1977, chapter 624; in 1991, chapter 38; in 1994, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?941+ful+CHAP0543\">543<\/a>; in 2007, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?071+ful+CHAP0552\">552<\/a>; in 2008, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?081+ful+CHAP0124\">124<\/a>; in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0744\">744<\/a>.<\/p>","references":[{"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\/"}],"refers_to":[{"id":81173,"section_number":"19.2-11.2","catch_line":"Crime victim's right to nondisclosure of certain information; exceptions; testimonial privilege","order_by":null,"url":"\/19.2-11.2\/"},{"id":86691,"section_number":"8.01-396.1","catch_line":"Competency of witness","order_by":null,"url":"\/8.01-396.1\/"},{"id":55390,"section_number":"8.01-402","catch_line":"Members of Department of Motor Vehicles' Crash Investigation Team not to be required to give evidence in certain cases","order_by":null,"url":"\/8.01-402\/"},{"id":60442,"section_number":"8.01-405","catch_line":"Who may administer oath to witness","order_by":null,"url":"\/8.01-405\/"},{"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":61270,"section_number":"8.01-408","catch_line":"Recognizance taken upon continuance of case","order_by":null,"url":"\/8.01-408\/"},{"id":58962,"section_number":"8.01-410","catch_line":"Inmates as witnesses in civil actions","order_by":null,"url":"\/8.01-410\/"}],"permalink":{"id":169215,"object_type":"law","relational_id":70616,"identifier":"19.2-267","token":"19.2\/16\/1\/19.2-267","url":"\/19.2-267\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-267\/","token":"19.2\/16\/1\/19.2-267","dublin_core":{"Title":"Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-267","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>Sections <a class=\"law\" title=\"Competency of witness\" href=\"\/8.01-396.1\/\">8.01-396.1<\/a>, <a class=\"law\" title=\"Members of Department of Motor Vehicles&#039; Crash Investigation Team not to be required to give evidence in certain cases\" href=\"\/8.01-402\/\">8.01-402<\/a>, <a class=\"law\" title=\"Who may administer oath to witness\" href=\"\/8.01-405\/\">8.01-405<\/a>, <a class=\"law\" title=\"How summons for witness issued and to whom directed; how witness released from subpoena; prior permission of court to summon certain officials and judges\" href=\"\/8.01-407\/\">8.01-407<\/a>, and <a class=\"law\" title=\"Recognizance taken upon continuance of case\" href=\"\/8.01-408\/\">8.01-408<\/a> to <a class=\"law\" title=\"Inmates as witnesses in civil actions\" href=\"\/8.01-410\/\">8.01-410<\/a>, inclusive, shall apply to a criminal as well as a civil case in all respects, except that a <span class=\"dictionary\">witness<\/span> in a criminal case shall be obliged to attend, and may be proceeded against for failing to do so, although there may not previously have been any payment, or tender to him of anything for attendance, mileage, or tolls. In a criminal case a <span class=\"dictionary\">summons<\/span> for a <span class=\"dictionary\">witness<\/span> may be issued by the attorney for the Commonwealth or other attorney charged with the responsibility for the <span class=\"dictionary\">prosecution<\/span> of a violation of any <span class=\"dictionary\">ordinance<\/span> or by the attorney for the <span class=\"dictionary\">defendant<\/span>; however, any attorney who <span class=\"dictionary\">issues<\/span> such a <span class=\"dictionary\">summons<\/span> shall, at the time of the issuance, file with the clerk of the <span class=\"dictionary\">court<\/span> the names and addresses of such witnesses except to the extent protected under \u00a7&nbsp;<a class=\"law\" title=\"Crime victim&#039;s right to nondisclosure of certain information; exceptions; testimonial privilege\" href=\"\/19.2-11.2\/\">19.2-11.2<\/a>.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nPROVISIONS APPLICABLE TO WITNESSES IN CRIMINAL AS WELL AS CIVIL CASES;\nOBLIGATION TO ATTEND; SUMMONS (\u00a7 19.2-267)\n\nSections 8.01-396.1, 8.01-402, 8.01-405, 8.01-407, and 8.01-408 to 8.01-410,\ninclusive, shall apply to a criminal as well as a civil case in all respects,\nexcept that a witness in a criminal case shall be obliged to attend, and may be\nproceeded against for failing to do so, although there may not previously have\nbeen any payment, or tender to him of anything for attendance, mileage, or\ntolls. In a criminal case a summons for a witness may be issued by the attorney\nfor the Commonwealth or other attorney charged with the responsibility for the\nprosecution of a violation of any ordinance or by the attorney for the\ndefendant; however, any attorney who issues such a summons shall, at the time of\nthe issuance, file with the clerk of the court the names and addresses of such\nwitnesses except to the extent protected under \u00a7 19.2-11.2.\n\nHISTORY: Code 1950, \u00a7 19.1-262; 1960, c. 366; 1962, c. 374; 1975, c. 495; 1977,\nc. 624; 1991, c. 38; 1994, c. 543; 2007, c. 552; 2008, c. 124; 2014, c. 744.","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}}