<?xml version="1.0"?>
<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>76322</law_id><section_number>16.1-265</section_number><catch_line>Subpoena; attorney-issued subpoena</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="16.1">Courts Not of Record</unit><unit label="chapter" level="2" order_by="1" identifier="11">Juvenile and Domestic Relations District Courts</unit><unit label="article" level="3" order_by="1" identifier="5">Intake, Petition and Notice</unit></structure><text>
						<section><p>Upon application of a <span class="dictionary">party</span> and pursuant to the Rules of Supreme Court of Virginia for the issuance of <span class="dictionary">subpoenas</span>, the clerk of <span class="dictionary">the court</span> shall <span class="dictionary">issue</span>, and <span class="dictionary">the court</span> on its own <span class="dictionary">motion</span> may <span class="dictionary">issue</span>, <span class="dictionary">subpoenas</span> requiring attendance and <span class="dictionary">testimony</span> of witnesses and production of records, documents, or other tangible <span class="dictionary">objects</span> at any <span class="dictionary">hearing</span>.
		<span class="dictionary">Subpoenas</span> duces tecum for medical records shall be subject to the provisions of &#xA7;&#xA7;&#xA0;<a class="law" title="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" href="/8.01-413/">8.01-413</a> and <a class="law" title="Health records privacy" href="/32.1-127.1_03/">32.1-127.1:03</a> except that no separate fee shall be imposed. A <span class="dictionary">subpoena</span> may also be issued in a civil proceeding by an attorney-at-law who is an active member of the Virginia State Bar at the time of issuance, as an officer of <span class="dictionary">the court</span>. Any such <span class="dictionary">subpoena</span> shall be on a form approved by the Committee on District <span class="dictionary">Courts</span>, signed by the attorney as if a pleading, and shall include the attorney&#x2019;s address. A copy, together with the attorney&#x2019;s certificate of service pursuant to Rule 1:12, shall be mailed or delivered to the clerk&#x2019;s office of <span class="dictionary">the court</span> in which the case is pending on the day of issuance by the attorney. <span class="dictionary">The law</span> governing <span class="dictionary">subpoenas</span> issued by a clerk shall apply <span class="dictionary">mutatis mutandis</span>, except that attorneys may not <span class="dictionary">issue</span> <span class="dictionary">subpoenas</span> in those cases in which they may not <span class="dictionary">issue</span> a <span class="dictionary">summons</span> as provided in &#xA7;&#xA0;<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>. When an attorney-at-law transmits one or more <span class="dictionary">subpoenas</span> or <span class="dictionary">subpoenas</span> duces tecum to a sheriff to be served in his <span class="dictionary">jurisdiction</span>, the provisions in &#xA7;&#xA0;<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> regarding such transmittals shall apply. A sheriff shall not be required to serve an attorney-issued <span class="dictionary">subpoena</span> that is not issued at least five business days prior to the date production of <span class="dictionary">evidence</span> is required.
		If the time for compliance with a <span class="dictionary">subpoena</span> issued by an attorney is less than 14 days after service of the <span class="dictionary">subpoena</span>, the person to whom it is directed may serve upon the <span class="dictionary">party</span> issuing the <span class="dictionary">subpoena</span> a written objection setting forth any grounds therefor. If objection is made, the <span class="dictionary">party</span> on whose behalf the <span class="dictionary">subpoena</span> was issued and served shall not be entitled to compliance, except pursuant to an <span class="dictionary">order</span> of <span class="dictionary">the court</span>, but may, upon notice to the person to whom the <span class="dictionary">subpoena</span> was directed, move for an <span class="dictionary">order</span> to compel compliance. Upon such timely <span class="dictionary">motion</span>, <span class="dictionary">the court</span> may <span class="dictionary">quash</span>, modify, or <span class="dictionary">sustain</span> the <span class="dictionary">subpoena</span>. The release of a person to whom an attorney-issued <span class="dictionary">subpoena</span> is directed shall be governed by the provisions of &#xA7;&#xA0;<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>.</p></section></text><history>1977, c. 559; 2000, c. 813; 2004, c. 335; 2023, c. 92.</history><metadata></metadata></law>
