{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-407.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-407.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-407.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-407.html"}],"law_id":59524,"edition_id":1,"section_id":59524,"structure_id":15477,"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","history":"Code 1950, \u00a7\u00a7 8-296, 8-297; 1952, c. 122; 1977, c. 617; 1992, c. 506; 2000, c. 813; 2002, c. 463; 2004, c. 335; 2007, c. 199; 2010, cc. 302, 486; 2016, c. 173; 2019, c. 519; 2021, Sp. Sess. I, c. 463; 2023, c. 92; 2024, c. 487.","full_text":"A\n\nA summons may be issued, directed as prescribed in § 8.01-292, commanding the officer to summon any person to attend on the day and at the place that such attendance is desired, to give evidence before a court, grand jury, arbitrators, magistrate, notary, or any commissioner or other person appointed by a court or acting under its process or authority in a judicial or quasi-judicial capacity. The summons may be issued by the clerk of the court if the attendance is desired at a court or in a proceeding pending in a court. The clerk shall not impose any time restrictions limiting the right to properly request a summons up to and including the date of the proceeding:\n\t\t\tIf attendance is desired before a commissioner in chancery or other commissioner of a court, the summons may be issued by the clerk of the court in which the matter is pending, or by such commissioner in chancery or other commissioner;\n\t\t\tIf attendance is desired before a notary or other officer taking a deposition, the summons may be issued by such notary or other officer at the instance of the attorney desiring the attendance of the person sought;\n\t\t\tIf attendance is sought before a grand jury, the summons may be issued by the attorney for the Commonwealth, or the clerk of the court, at the instance of the attorney for the Commonwealth.\n\t\t\tExcept as otherwise provided in this subsection, if attendance is desired in a civil proceeding pending in a court or at a deposition in connection with such proceeding, including medical malpractice review panels, and a claim before the Workers’ Compensation Commission, a summons may 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. An attorney-issued summons shall be on a form approved by the Supreme Court, signed by the attorney and shall include the attorney’s address. The summons and any transmittal sheet shall be deemed to be a pleading to which the provisions of § 8.01-271.1 shall apply. A copy of the summons and, if served by a sheriff, all service of process fees, shall be mailed or delivered to the clerk’s office of the court in which the case is pending or the Workers’ Compensation Commission, as applicable, on the day of issuance by the attorney. The law governing summonses issued by a clerk shall apply mutatis mutandis. When an attorney-at-law who is an active member of the Virginia State Bar transmits one or more attorney-issued subpoenas to a sheriff to be served in his jurisdiction, such subpoenas shall be accompanied by a transmittal sheet. The transmittal sheet, which may be in the form of a letter, shall contain for each subpoena (i) the person to be served, (ii) the name of the city or county in which the subpoena is to be served, in parentheses, (iii) the style of the case in which the subpoena was issued, (iv) the court in which the case is pending, and (v) the amount of fees tendered or paid to each clerk in whose court the case is pending together with a photocopy of either (a) the payment instrument and a photocopy of the letter sent to the clerk’s office that accompanied such payment instrument or (b) the clerk’s receipt. If copies of the same transmittal sheet are used to send subpoenas to more than one sheriff for service of process, then subpoenas shall be grouped by the jurisdiction in which they are to be served. For each person to be served, an original subpoena and copy thereof shall be included. If the attorney desires a return copy of the transmittal sheet as proof of receipt, he shall also enclose an additional copy of the transmittal sheet together with an envelope addressed to the attorney with sufficient first class postage affixed. Upon receipt of such transmittal, the transmittal sheet shall be date-stamped and, if the extra copy and above-described envelope are provided, the copy shall also be date-stamped and returned to the attorney-at-law in the above-described envelope.\n\t\t\tHowever, when such transmittal does not comply with the provisions of this section, the sheriff may promptly return such transmittal if accompanied by a short description of such noncompliance. An attorney may not issue a summons in any of the following civil proceedings: (1) habeas corpus under Article 3 (§ 8.01-654 et seq.) of Chapter 25, (2) delinquency or abuse and neglect proceedings under Article 3 (§ 16.1-241 et seq.) of Chapter 11 of Title 16.1, (3) civil forfeiture proceedings, (4) administrative license suspension pursuant to § 46.2-391.2, and (5) petition for writs of mandamus or prohibition in connection with criminal proceedings. 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 that attendance is desired.\n\t\t\tIn other cases, if attendance is desired, the summons may be issued by the clerk of the circuit court of the county or city in which the attendance is desired.\n\t\t\tA summons shall express on whose behalf, and in what case or about what matter, the witness is to attend. Failure to respond to any such summons shall be punishable by the court in which the proceeding is pending as for contempt. When any subpoena is served less than five calendar days before appearance is required, the court may, after considering all of the circumstances, refuse to enforce the subpoena for lack of adequate notice. If any subpoena is served less than five calendar days before appearance is required upon any judicial officer generally incompetent to testify pursuant to § 19.2-271, such subpoena shall be without legal force or effect unless the subpoena has been issued by a judge.\n\t\t\tFollowing the issuance of a subpoena issued at the request of a party or by or at the request of an attorney representing a party, the person to whom such subpoena is directed may be released from compliance with such subpoena by any attorney for the party on whose behalf the subpoena was issued, by a party requesting the subpoena, or by a person acting on behalf of such attorney, provided that, in civil cases only, notwithstanding § 19.2-267, such release is in writing and served concurrently on all other parties, or, if any such party is represented by counsel, on the attorney of record, by electronic mail, notwithstanding the requirements of Rule 1:12 of the Rules of Supreme Court of Virginia. A copy of such written release shall also be sent to the clerk of the court via fax or, if available, through the clerk’s electronic filing system. For purposes of this paragraph, (A) a release transmitted by electronic mail to the person to whom such subpoena was directed qualifies as a written release from such subpoena and (B) a copy of such written release shall be served contemporaneously on all other parties by electronic mail.B\n\nNo subpoena shall, without permission of the court first obtained, issue for the attendance of the Governor, Lieutenant Governor, or Attorney General of the Commonwealth, a judge of any court thereof; the President or Vice President of the United States; any member of the President’s Cabinet; any ambassador or consul; or any military officer on active duty holding the rank of admiral or general.","order_by":null,"text":{"0":{"id":218087,"text":"A summons may be issued, directed as prescribed in § 8.01-292, commanding the officer to summon any person to attend on the day and at the place that such attendance is desired, to give evidence before a court, grand jury, arbitrators, magistrate, notary, or any commissioner or other person appointed by a court or acting under its process or authority in a judicial or quasi-judicial capacity. The summons may be issued by the clerk of the court if the attendance is desired at a court or in a proceeding pending in a court. The clerk shall not impose any time restrictions limiting the right to properly request a summons up to and including the date of the proceeding:\n\t\t\tIf attendance is desired before a commissioner in chancery or other commissioner of a court, the summons may be issued by the clerk of the court in which the matter is pending, or by such commissioner in chancery or other commissioner;\n\t\t\tIf attendance is desired before a notary or other officer taking a deposition, the summons may be issued by such notary or other officer at the instance of the attorney desiring the attendance of the person sought;\n\t\t\tIf attendance is sought before a grand jury, the summons may be issued by the attorney for the Commonwealth, or the clerk of the court, at the instance of the attorney for the Commonwealth.\n\t\t\tExcept as otherwise provided in this subsection, if attendance is desired in a civil proceeding pending in a court or at a deposition in connection with such proceeding, including medical malpractice review panels, and a claim before the Workers’ Compensation Commission, a summons may 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. An attorney-issued summons shall be on a form approved by the Supreme Court, signed by the attorney and shall include the attorney’s address. The summons and any transmittal sheet shall be deemed to be a pleading to which the provisions of § 8.01-271.1 shall apply. A copy of the summons and, if served by a sheriff, all service of process fees, shall be mailed or delivered to the clerk’s office of the court in which the case is pending or the Workers’ Compensation Commission, as applicable, on the day of issuance by the attorney. The law governing summonses issued by a clerk shall apply mutatis mutandis. When an attorney-at-law who is an active member of the Virginia State Bar transmits one or more attorney-issued subpoenas to a sheriff to be served in his jurisdiction, such subpoenas shall be accompanied by a transmittal sheet. The transmittal sheet, which may be in the form of a letter, shall contain for each subpoena (i) the person to be served, (ii) the name of the city or county in which the subpoena is to be served, in parentheses, (iii) the style of the case in which the subpoena was issued, (iv) the court in which the case is pending, and (v) the amount of fees tendered or paid to each clerk in whose court the case is pending together with a photocopy of either (a) the payment instrument and a photocopy of the letter sent to the clerk’s office that accompanied such payment instrument or (b) the clerk’s receipt. If copies of the same transmittal sheet are used to send subpoenas to more than one sheriff for service of process, then subpoenas shall be grouped by the jurisdiction in which they are to be served. For each person to be served, an original subpoena and copy thereof shall be included. If the attorney desires a return copy of the transmittal sheet as proof of receipt, he shall also enclose an additional copy of the transmittal sheet together with an envelope addressed to the attorney with sufficient first class postage affixed. Upon receipt of such transmittal, the transmittal sheet shall be date-stamped and, if the extra copy and above-described envelope are provided, the copy shall also be date-stamped and returned to the attorney-at-law in the above-described envelope.\n\t\t\tHowever, when such transmittal does not comply with the provisions of this section, the sheriff may promptly return such transmittal if accompanied by a short description of such noncompliance. An attorney may not issue a summons in any of the following civil proceedings: (1) habeas corpus under Article 3 (§ 8.01-654 et seq.) of Chapter 25, (2) delinquency or abuse and neglect proceedings under Article 3 (§ 16.1-241 et seq.) of Chapter 11 of Title 16.1, (3) civil forfeiture proceedings, (4) administrative license suspension pursuant to § 46.2-391.2, and (5) petition for writs of mandamus or prohibition in connection with criminal proceedings. 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 that attendance is desired.\n\t\t\tIn other cases, if attendance is desired, the summons may be issued by the clerk of the circuit court of the county or city in which the attendance is desired.\n\t\t\tA summons shall express on whose behalf, and in what case or about what matter, the witness is to attend. Failure to respond to any such summons shall be punishable by the court in which the proceeding is pending as for contempt. When any subpoena is served less than five calendar days before appearance is required, the court may, after considering all of the circumstances, refuse to enforce the subpoena for lack of adequate notice. If any subpoena is served less than five calendar days before appearance is required upon any judicial officer generally incompetent to testify pursuant to § 19.2-271, such subpoena shall be without legal force or effect unless the subpoena has been issued by a judge.\n\t\t\tFollowing the issuance of a subpoena issued at the request of a party or by or at the request of an attorney representing a party, the person to whom such subpoena is directed may be released from compliance with such subpoena by any attorney for the party on whose behalf the subpoena was issued, by a party requesting the subpoena, or by a person acting on behalf of such attorney, provided that, in civil cases only, notwithstanding § 19.2-267, such release is in writing and served concurrently on all other parties, or, if any such party is represented by counsel, on the attorney of record, by electronic mail, notwithstanding the requirements of Rule 1:12 of the Rules of Supreme Court of Virginia. A copy of such written release shall also be sent to the clerk of the court via fax or, if available, through the clerk’s electronic filing system. For purposes of this paragraph, (A) a release transmitted by electronic mail to the person to whom such subpoena was directed qualifies as a written release from such subpoena and (B) a copy of such written release shall be served contemporaneously on all other parties by electronic mail.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218088,"text":"No subpoena shall, without permission of the court first obtained, issue for the attendance of the Governor, Lieutenant Governor, or Attorney General of the Commonwealth, a judge of any court thereof; the President or Vice President of the United States; any member of the President’s Cabinet; any ambassador or consul; or any military officer on active duty holding the rank of admiral or general.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":15477,"edition_id":1,"name":"Compelling Attendance of Witnesses, Etc","identifier":"5","label":"article","depth":3,"order_by":1,"parent_id":12870,"metadata":{},"date_created":"2026-06-26 03:55:21","date_modified":"2026-06-26 03:55:21","permalink":{"id":277509,"object_type":"structure","relational_id":15477,"identifier":"5","token":"8.01\/14\/5","url":"\/8.01\/14\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12870,"edition_id":1,"name":"Evidence","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:57","date_modified":"2026-06-26 03:43:57","permalink":{"id":277357,"object_type":"structure","relational_id":12870,"identifier":"14","token":"8.01\/14","url":"\/8.01\/14\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12747,"edition_id":1,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":277029,"object_type":"structure","relational_id":12747,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":59524,"structure_id":15477,"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","url":"\/8.01-407\/","token":"8.01\/14\/5\/8.01-407","metadata":false},{"id":87338,"structure_id":15477,"section_number":"8.01-407.1","catch_line":"Identity of persons communicating anonymously over the Internet","url":"\/8.01-407.1\/","token":"8.01\/14\/5\/8.01-407.1","metadata":false},{"id":61270,"structure_id":15477,"section_number":"8.01-408","catch_line":"Recognizance taken upon continuance of case","url":"\/8.01-408\/","token":"8.01\/14\/5\/8.01-408","metadata":false},{"id":78233,"structure_id":15477,"section_number":"8.01-409","catch_line":"When court may have process for witness executed by its own officer in another county or city","url":"\/8.01-409\/","token":"8.01\/14\/5\/8.01-409","metadata":false},{"id":58962,"structure_id":15477,"section_number":"8.01-410","catch_line":"Inmates as witnesses in civil actions","url":"\/8.01-410\/","token":"8.01\/14\/5\/8.01-410","metadata":false}],"next_section":{"id":87338,"structure_id":15477,"section_number":"8.01-407.1","catch_line":"Identity of persons communicating anonymously over the Internet","url":"\/8.01-407.1\/","token":"8.01\/14\/5\/8.01-407.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-407\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 12 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 1952, chapter 122; in 1977, chapter 617; in 1992, chapter 506; in 2000, chapter 813<\/a>; in 2002, chapter 463<\/a>; in 2004, chapter 335<\/a>; in 2007, chapter 199<\/a>; in 2010, chapters 302<\/a> and 486<\/a>; in 2016, chapter 173<\/a>; in 2019, chapter 519<\/a>; in 2023, chapter 92<\/a>; in 2024, chapter 487<\/a>.<\/p>","references":[{"id":76322,"section_number":"16.1-265","catch_line":"Subpoena; attorney-issued subpoena","order_by":null,"url":"\/16.1-265\/"},{"id":73502,"section_number":"16.1-89","catch_line":"Subpoena duces tecum; attorney-issued subpoena duces tecum","order_by":null,"url":"\/16.1-89\/"},{"id":74594,"section_number":"19.2-10.4","catch_line":"Subpoena duces tecum; attorney-issued subpoena duces tecum","order_by":null,"url":"\/19.2-10.4\/"},{"id":70616,"section_number":"19.2-267","catch_line":"Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons","order_by":null,"url":"\/19.2-267\/"},{"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\/"},{"id":75108,"section_number":"8.01-413.1","catch_line":"Certain copies of employment records or papers admissible; right of employee or his attorney to copies of such records or papers; subpoena; damages, costs and attorney's fees","order_by":null,"url":"\/8.01-413.1\/"}],"refers_to":[{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":70616,"section_number":"19.2-267","catch_line":"Provisions applicable to witnesses in criminal as well as civil cases; obligation to attend; summons","order_by":null,"url":"\/19.2-267\/"},{"id":82522,"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)","order_by":null,"url":"\/19.2-271\/"},{"id":66643,"section_number":"46.2-391.2","catch_line":"Administrative suspension of license or privilege to operate a motor vehicle","order_by":null,"url":"\/46.2-391.2\/"},{"id":85673,"section_number":"8.01-271.1","catch_line":"Signing of pleadings, motions, and other papers; oral motions; sanctions","order_by":null,"url":"\/8.01-271.1\/"},{"id":76375,"section_number":"8.01-292","catch_line":"To whom process directed and where executed","order_by":null,"url":"\/8.01-292\/"},{"id":78584,"section_number":"8.01-654","catch_line":"When and where petition filed; what petition to contain","order_by":null,"url":"\/8.01-654\/"}],"permalink":{"id":277511,"object_type":"law","relational_id":59524,"identifier":"8.01-407","token":"8.01\/14\/5\/8.01-407","url":"\/8.01-407\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-407\/","token":"8.01\/14\/5\/8.01-407","dublin_core":{"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","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-407","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> A summons<\/span> may be issued, directed as prescribed in § 8.01-292<\/a>, commanding the officer to summon any person<\/span> to attend on the day and at the place that such attendance is desired, to give evidence<\/span> before a court<\/span>, grand jury<\/span>, arbitrators, magistrate<\/span>, notary, or any commissioner or other person<\/span> appointed by a court<\/span> or acting under its process or authority in a judicial or quasi-judicial capacity. The summons<\/span> may be issued by the clerk of the court<\/span> if the attendance is desired at a court<\/span> or in a proceeding pending in a court<\/span>. The clerk shall not impose any time restrictions limiting the right to properly request a summons<\/span> up to and including the date of the proceeding:\n\t\t\tIf attendance is desired before a commissioner in chancery<\/span> or other commissioner of a court<\/span>, the summons<\/span> may be issued by the clerk of the court<\/span> in which the matter is pending, or by such commissioner in chancery<\/span> or other commissioner;\n\t\t\tIf attendance is desired before a notary or other officer taking a deposition<\/span>, the summons<\/span> may be issued by such notary or other officer at the instance of the attorney desiring the attendance of the person<\/span> sought;\n\t\t\tIf attendance is sought before a grand jury<\/span>, the summons<\/span> may be issued by the attorney for the Commonwealth, or the clerk of the court<\/span>, at the instance of the attorney for the Commonwealth.\n\t\t\tExcept as otherwise provided in this subsection, if attendance is desired in a civil proceeding pending in a court<\/span> or at a deposition<\/span> in connection with such proceeding, including medical malpractice review panels<\/span>, and a claim before the Workers’ Compensation Commission, a summons<\/span> may 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>. An attorney-issued summons<\/span> shall be on a form approved by the Supreme Court<\/span>, signed by the attorney and shall include the attorney’s address. The summons<\/span> and any transmittal sheet shall be deemed to be a pleading to which the provisions of § 8.01-271.1<\/a> shall apply. A copy of the summons<\/span> and, if served by a sheriff<\/span>, all service of process<\/span> fees, shall be mailed or delivered to the clerk’s office of the court<\/span> in which the case is pending or the Workers’ Compensation Commission, as applicable, on the day of issuance by the attorney. The law<\/span> governing summonses issued by a clerk shall apply mutatis mutandis<\/span>. When an attorney-at-law<\/span> who is an active member of the Virginia State Bar transmits one or more attorney-issued subpoenas<\/span> to a sheriff<\/span> to be served in his jurisdiction<\/span>, such subpoenas<\/span> shall be accompanied by a transmittal sheet. The transmittal sheet, which may be in the form of a letter, shall contain for each subpoena<\/span> (i) the person<\/span> to be served, (ii) the name of the city or county in which the subpoena<\/span> is to be served, in parentheses, (iii) the style of the case in which the subpoena<\/span> was issued, (iv) the court<\/span> in which the case is pending, and (v) the amount of fees tendered or paid to each clerk in whose court<\/span> the case is pending together with a photocopy of either (a) the payment instrument and a photocopy of the letter sent to the clerk’s office that accompanied such payment instrument or (b) the clerk’s receipt. If copies of the same transmittal sheet are used to send subpoenas<\/span> to more than one sheriff<\/span> for service of process<\/span>, then subpoenas<\/span> shall be grouped by the jurisdiction<\/span> in which they are to be served. For each person<\/span> to be served, an original subpoena<\/span> and copy thereof shall be included. If the attorney desires a return copy of the transmittal sheet as proof of receipt, he shall also enclose an additional copy of the transmittal sheet together with an envelope addressed to the attorney with sufficient first class postage affixed. Upon receipt of such transmittal, the transmittal sheet shall be date-stamped and, if the extra copy and above-described envelope are provided, the copy shall also be date-stamped and returned to the attorney-at-law<\/span> in the above-described envelope.\n\t\t\tHowever, when such transmittal does not comply with the provisions of this section, the sheriff<\/span> may promptly return such transmittal if accompanied by a short description of such noncompliance. An attorney may not issue<\/span> a summons<\/span> in any of the following civil proceedings: (1) habeas corpus<\/span> under Article 3 (§ 8.01-654<\/a> et seq.) of Chapter 25, (2) delinquency or abuse and neglect proceedings under Article 3 (§ 16.1-241<\/a> et seq.) of Chapter 11 of Title 16.1, (3) civil forfeiture proceedings, (4) administrative license suspension pursuant to § 46.2-391.2<\/a>, and (5) petition<\/span> for writs<\/span> of mandamus or prohibition in connection with criminal proceedings. A sheriff<\/span> shall not be required to serve an attorney-issued subpoena<\/span> that is not issued at least five business days prior to the date that attendance is desired.\n\t\t\tIn other cases, if attendance is desired, the summons<\/span> may be issued by the clerk of the circuit<\/span> court<\/span> of the county or city in which the attendance is desired.\n\t\t\tA summons<\/span> shall express on whose behalf, and in what case or about what matter, the witness<\/span> is to attend. Failure to respond to any such summons<\/span> shall be punishable by the court<\/span> in which the proceeding is pending as for contempt<\/span>. When any subpoena<\/span> is served less than five calendar days before appearance<\/span> is required, the court<\/span> may, after considering all of the circumstances, refuse to enforce the subpoena<\/span> for lack of adequate notice. If any subpoena<\/span> is served less than five calendar days before appearance<\/span> is required upon any judicial officer generally incompetent to testify pursuant to § 19.2-271<\/a>, such subpoena<\/span> shall be without legal force or effect unless the subpoena<\/span> has been issued by a judge<\/span>.\n\t\t\tFollowing the issuance of a subpoena<\/span> issued at the request of a party<\/span> or by or at the request of an attorney representing a party<\/span>, the person<\/span> to whom such subpoena<\/span> is directed may be released from compliance with such subpoena<\/span> by any attorney for the party<\/span> on whose behalf the subpoena<\/span> was issued, by a party<\/span> requesting the subpoena<\/span>, or by a person<\/span> acting on behalf of such attorney, provided that, in civil cases only, notwithstanding § 19.2-267<\/a>, such release is in writing and served concurrently on all other parties, or, if any such party<\/span> is represented by counsel<\/span>, on the attorney of record, by electronic mail, notwithstanding the requirements of Rule 1:12 of the Rules of Supreme Court<\/span> of Virginia. A copy of such written release shall also be sent to the clerk of the court<\/span> via fax or, if available, through the clerk’s electronic filing system. For purposes of this paragraph, (A) a release transmitted by electronic mail to the person<\/span> to whom such subpoena<\/span> was directed qualifies as a written release from such subpoena<\/span> and (B) a copy of such written release shall be served contemporaneously on all other parties by electronic mail. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> No subpoena<\/span> shall, without permission of the court<\/span> first obtained, issue<\/span> for the attendance of the Governor, Lieutenant Governor, or Attorney General<\/span> of the Commonwealth, a judge<\/span> of any court<\/span> thereof; the President or Vice President of the United States; any member of the President’s Cabinet; any ambassador or consul; or any military officer on active duty holding the rank of admiral or general. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nHOW SUMMONS FOR WITNESS ISSUED AND TO WHOM DIRECTED; HOW WITNESS RELEASED FROM\nSUBPOENA; PRIOR PERMISSION OF COURT TO SUMMON CERTAIN OFFICIALS AND JUDGES (\u00a7\n8.01-407)\n\nA. A summons may be issued, directed as prescribed in § 8.01-292,\ncommanding the officer to summon any person to attend on the day and at the\nplace that such attendance is desired, to give evidence before a court, grand\njury, arbitrators, magistrate, notary, or any commissioner or other person\nappointed by a court or acting under its process or authority in a judicial or\nquasi-judicial capacity. The summons may be issued by the clerk of the court if\nthe attendance is desired at a court or in a proceeding pending in a court. The\nclerk shall not impose any time restrictions limiting the right to properly\nrequest a summons up to and including the date of the proceeding:\n\t\t\tIf attendance is desired before a commissioner in chancery or other\ncommissioner of a court, the summons may be issued by the clerk of the court in\nwhich the matter is pending, or by such commissioner in chancery or other\ncommissioner;\n\t\t\tIf attendance is desired before a notary or other officer taking a\ndeposition, the summons may be issued by such notary or other officer at the\ninstance of the attorney desiring the attendance of the person sought;\n\t\t\tIf attendance is sought before a grand jury, the summons may be issued by the\nattorney for the Commonwealth, or the clerk of the court, at the instance of the\nattorney for the Commonwealth.\n\t\t\tExcept as otherwise provided in this subsection, if attendance is desired in\na civil proceeding pending in a court or at a deposition in connection with such\nproceeding, including medical malpractice review panels, and a claim before the\nWorkers’ Compensation Commission, a summons may be issued by an\nattorney-at-law who is an active member of the Virginia State Bar at the time of\nissuance, as an officer of the court. An attorney-issued summons shall be on a\nform approved by the Supreme Court, signed by the attorney and shall include the\nattorney’s address. The summons and any transmittal sheet shall be deemed\nto be a pleading to which the provisions of § 8.01-271.1 shall apply. A\ncopy of the summons and, if served by a sheriff, all service of process fees,\nshall be mailed or delivered to the clerk’s office of the court in which\nthe case is pending or the Workers’ Compensation Commission, as\napplicable, on the day of issuance by the attorney. The law governing summonses\nissued by a clerk shall apply mutatis mutandis. When an attorney-at-law who is\nan active member of the Virginia State Bar transmits one or more attorney-issued\nsubpoenas to a sheriff to be served in his jurisdiction, such subpoenas shall be\naccompanied by a transmittal sheet. The transmittal sheet, which may be in the\nform of a letter, shall contain for each subpoena (i) the person to be served,\n(ii) the name of the city or county in which the subpoena is to be served, in\nparentheses, (iii) the style of the case in which the subpoena was issued, (iv)\nthe court in which the case is pending, and (v) the amount of fees tendered or\npaid to each clerk in whose court the case is pending together with a photocopy\nof either (a) the payment instrument and a photocopy of the letter sent to the\nclerk’s office that accompanied such payment instrument or (b) the\nclerk’s receipt. If copies of the same transmittal sheet are used to send\nsubpoenas to more than one sheriff for service of process, then subpoenas shall\nbe grouped by the jurisdiction in which they are to be served. For each person\nto be served, an original subpoena and copy thereof shall be included. If the\nattorney desires a return copy of the transmittal sheet as proof of receipt, he\nshall also enclose an additional copy of the transmittal sheet together with an\nenvelope addressed to the attorney with sufficient first class postage affixed.\nUpon receipt of such transmittal, the transmittal sheet shall be date-stamped\nand, if the extra copy and above-described envelope are provided, the copy shall\nalso be date-stamped and returned to the attorney-at-law in the above-described\nenvelope.\n\t\t\tHowever, when such transmittal does not comply with the provisions of this\nsection, the sheriff may promptly return such transmittal if accompanied by a\nshort description of such noncompliance. An attorney may not issue a summons in\nany of the following civil proceedings: (1) habeas corpus under Article 3\n(§ 8.01-654 et seq.) of Chapter 25, (2) delinquency or abuse and neglect\nproceedings under Article 3 (§ 16.1-241 et seq.) of Chapter 11 of Title\n16.1, (3) civil forfeiture proceedings, (4) administrative license suspension\npursuant to § 46.2-391.2, and (5) petition for writs of mandamus or\nprohibition in connection with criminal proceedings. A sheriff shall not be\nrequired to serve an attorney-issued subpoena that is not issued at least five\nbusiness days prior to the date that attendance is desired.\n\t\t\tIn other cases, if attendance is desired, the summons may be issued by the\nclerk of the circuit court of the county or city in which the attendance is\ndesired.\n\t\t\tA summons shall express on whose behalf, and in what case or about what\nmatter, the witness is to attend. Failure to respond to any such summons shall\nbe punishable by the court in which the proceeding is pending as for contempt.\nWhen any subpoena is served less than five calendar days before appearance is\nrequired, the court may, after considering all of the circumstances, refuse to\nenforce the subpoena for lack of adequate notice. If any subpoena is served less\nthan five calendar days before appearance is required upon any judicial officer\ngenerally incompetent to testify pursuant to § 19.2-271, such subpoena\nshall be without legal force or effect unless the subpoena has been issued by a\njudge.\n\t\t\tFollowing the issuance of a subpoena issued at the request of a party or by\nor at the request of an attorney representing a party, the person to whom such\nsubpoena is directed may be released from compliance with such subpoena by any\nattorney for the party on whose behalf the subpoena was issued, by a party\nrequesting the subpoena, or by a person acting on behalf of such attorney,\nprovided that, in civil cases only, notwithstanding § 19.2-267, such\nrelease is in writing and served concurrently on all other parties, or, if any\nsuch party is represented by counsel, on the attorney of record, by electronic\nmail, notwithstanding the requirements of Rule 1:12 of the Rules of Supreme\nCourt of Virginia. A copy of such written release shall also be sent to the\nclerk of the court via fax or, if available, through the clerk’s\nelectronic filing system. For purposes of this paragraph, (A) a release\ntransmitted by electronic mail to the person to whom such subpoena was directed\nqualifies as a written release from such subpoena and (B) a copy of such written\nrelease shall be served contemporaneously on all other parties by electronic\nmail.\n\nB. No subpoena shall, without permission of the court first obtained, issue for\nthe attendance of the Governor, Lieutenant Governor, or Attorney General of the\nCommonwealth, a judge of any court thereof; the President or Vice President of\nthe United States; any member of the President’s Cabinet; any ambassador\nor consul; or any military officer on active duty holding the rank of admiral or\ngeneral.\n\nHISTORY: Code 1950, \u00a7\u00a7 8-296, 8-297; 1952, c. 122; 1977, c. 617; 1992, c. 506;\n2000, c. 813; 2002, c. 463; 2004, c. 335; 2007, c. 199; 2010, cc. 302, 486;\n2016, c. 173; 2019, c. 519; 2021, Sp. Sess. I, c. 463; 2023, c. 92; 2024, c.\n487.","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}}