{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/8.01-695.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/8.01-695.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/8.01-695.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/8.01-695.html"}],"law_id":62502,"edition_id":1,"section_id":62502,"structure_id":12826,"section_number":"8.01-695","catch_line":"When argument held; when discovery permitted","history":"2002, c. 871; 2006, c. 435.","full_text":"Oral argument on any motion in any prisoner civil action shall be heard orally only at the request of the court; whenever possible, the court shall rule upon the record before it. No prisoner shall be permitted to request subpoenas for witnesses or documents, or file discovery requests, until the court has ruled upon any demurrer, plea or motion to dismiss. Where a case proceeds past the initial dispositive motions, the court shall require the prisoner seeking discovery to demonstrate that his requests are relevant and material to the issues in the case. No subpoena for witnesses or documents shall issue unless a judge of the court has reviewed the subpoena request and specifically authorized a subpoena to issue. The court shall exercise its discretion in determining the scope of the subpoena and may condition its issuance on such terms as the court finds appropriate. The court shall take into account the burden placed upon the object of the subpoena in relation to the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation.","order_by":null,"text":{"0":{"id":227950,"text":"Oral argument on any motion in any prisoner civil action shall be heard orally only at the request of the court; whenever possible, the court shall rule upon the record before it. No prisoner shall be permitted to request subpoenas for witnesses or documents, or file discovery requests, until the court has ruled upon any demurrer, plea or motion to dismiss. Where a case proceeds past the initial dispositive motions, the court shall require the prisoner seeking discovery to demonstrate that his requests are relevant and material to the issues in the case. No subpoena for witnesses or documents shall issue unless a judge of the court has reviewed the subpoena request and specifically authorized a subpoena to issue. The court shall exercise its discretion in determining the scope of the subpoena and may condition its issuance on such terms as the court finds appropriate. The court shall take into account the burden placed upon the object of the subpoena in relation to the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12826,"edition_id":1,"name":"Virginia Prisoner Litigation Reform Act","identifier":"27","label":"chapter","depth":2,"order_by":1,"parent_id":12747,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":279597,"object_type":"structure","relational_id":12826,"identifier":"27","token":"8.01\/27","url":"\/8.01\/27\/","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":74730,"structure_id":12826,"section_number":"8.01-689","catch_line":"Short title","url":"\/8.01-689\/","token":"8.01\/27\/8.01-689","metadata":false},{"id":53980,"structure_id":12826,"section_number":"8.01-690","catch_line":"Applicability provisions","url":"\/8.01-690\/","token":"8.01\/27\/8.01-690","metadata":false},{"id":68437,"structure_id":12826,"section_number":"8.01-691","catch_line":"Payment of filing fees and costs by prisoners; when in forma pauperis status granted","url":"\/8.01-691\/","token":"8.01\/27\/8.01-691","metadata":false},{"id":81297,"structure_id":12826,"section_number":"8.01-692","catch_line":"When in forma pauperis status denied","url":"\/8.01-692\/","token":"8.01\/27\/8.01-692","metadata":false},{"id":67051,"structure_id":12826,"section_number":"8.01-693","catch_line":"Venue of prisoner actions","url":"\/8.01-693\/","token":"8.01\/27\/8.01-693","metadata":false},{"id":54951,"structure_id":12826,"section_number":"8.01-694","catch_line":"Service of process; time for response","url":"\/8.01-694\/","token":"8.01\/27\/8.01-694","metadata":false},{"id":62502,"structure_id":12826,"section_number":"8.01-695","catch_line":"When argument held; when discovery permitted","url":"\/8.01-695\/","token":"8.01\/27\/8.01-695","metadata":false},{"id":64261,"structure_id":12826,"section_number":"8.01-696","catch_line":"Summary judgment; pro se prisoner civil action","url":"\/8.01-696\/","token":"8.01\/27\/8.01-696","metadata":false},{"id":65951,"structure_id":12826,"section_number":"8.01-697","catch_line":"Access to Department of Corrections records","url":"\/8.01-697\/","token":"8.01\/27\/8.01-697","metadata":false}],"previous_section":{"id":54951,"structure_id":12826,"section_number":"8.01-694","catch_line":"Service of process; time for response","url":"\/8.01-694\/","token":"8.01\/27\/8.01-694","metadata":false},"next_section":{"id":64261,"structure_id":12826,"section_number":"8.01-696","catch_line":"Summary judgment; pro se prisoner civil action","url":"\/8.01-696\/","token":"8.01\/27\/8.01-696","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-695\/","history_text":"

This law was first created in 2002. The record of its establishment is cataloged in chapter 871<\/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. It has been modified 1 time. 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. That modification is as follows: in 2006, chapter 435<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":279623,"object_type":"law","relational_id":62502,"identifier":"8.01-695","token":"8.01\/27\/8.01-695","url":"\/8.01-695\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/8.01-695\/","token":"8.01\/27\/8.01-695","dublin_core":{"Title":"When argument held; when discovery permitted","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-695","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Oral argument<\/span> on any motion<\/span> in any prisoner civil action<\/span> shall be heard orally only at the request of the court<\/span>; whenever possible, the court<\/span> shall rule upon the record before it. No prisoner shall be permitted to request subpoenas<\/span> for witnesses or documents, or file discovery<\/span> requests, until the court<\/span> has ruled upon any demurrer<\/span>, plea<\/span> or motion<\/span> to dismiss. Where a case proceeds past the initial dispositive motions<\/span>, the court<\/span> shall require the prisoner seeking discovery<\/span> to demonstrate that his requests are relevant and material<\/span> to the issues<\/span> in the case. No subpoena<\/span> for witnesses or documents shall issue<\/span> unless a judge<\/span> of the court<\/span> has reviewed the subpoena<\/span> request and specifically authorized a subpoena<\/span> to issue<\/span>. The court<\/span> shall exercise its discretion in determining the scope of the subpoena<\/span> and may condition its issuance on such terms as the court<\/span> finds appropriate. The court<\/span> shall take into account the burden placed upon the object<\/span> of the subpoena<\/span> in relation to the needs of the case, the amount in controversy, and the importance of the issues<\/span> at stake in the litigation<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN ARGUMENT HELD; WHEN DISCOVERY PERMITTED (\u00a7 8.01-695)\n\nOral argument on any motion in any prisoner civil action shall be heard orally\nonly at the request of the court; whenever possible, the court shall rule upon\nthe record before it. No prisoner shall be permitted to request subpoenas for\nwitnesses or documents, or file discovery requests, until the court has ruled\nupon any demurrer, plea or motion to dismiss. Where a case proceeds past the\ninitial dispositive motions, the court shall require the prisoner seeking\ndiscovery to demonstrate that his requests are relevant and material to the\nissues in the case. No subpoena for witnesses or documents shall issue unless a\njudge of the court has reviewed the subpoena request and specifically authorized\na subpoena to issue. The court shall exercise its discretion in determining the\nscope of the subpoena and may condition its issuance on such terms as the court\nfinds appropriate. The court shall take into account the burden placed upon the\nobject of the subpoena in relation to the needs of the case, the amount in\ncontroversy, and the importance of the issues at stake in the litigation.\n\nHISTORY: 2002, c. 871; 2006, c. 435.","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}}