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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>73502</law_id><section_number>16.1-89</section_number><catch_line>Subpoena duces tecum; attorney-issued subpoena duces tecum</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="6">Venue, Jurisdiction and Procedure in Civil Matters</unit><unit label="article" level="3" order_by="1" identifier="3">Procedure in Civil Cases</unit></structure><text>
						<section><p>A <span class="dictionary">judge</span> or clerk of a district <span class="dictionary">court</span> may <span class="dictionary">issue</span> a <span class="dictionary">subpoena duces tecum</span> pursuant to the terms of Rule 4:9A of the Rules of the Supreme <span class="dictionary">Court</span> of Virginia except that such subpoena may be directed to a <span class="dictionary">party</span> to the case as well as to a person who is not a <span class="dictionary">party</span>.
		<span class="dictionary">Subpoenas</span> duces tecum for medical records issued by an attorney 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 for issuance shall be imposed.
		A <span class="dictionary">subpoena duces tecum</span> may also be issued by an attorney-at-<span class="dictionary">law</span> who is an active member of the Virginia State Bar at the time of issuance, as an officer of the <span class="dictionary">court</span>. Any such <span class="dictionary">subpoena duces tecum</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 the <span class="dictionary">court</span> in which the case is pending on the day of issuance by the attorney. The <span class="dictionary">law</span> governing <span class="dictionary">subpoenas</span> duces tecum 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> duces tecum 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>. 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 production of <span class="dictionary">evidence</span> is desired. When an attorney-at-<span class="dictionary">law</span> transmits one or more <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.
		If the time for compliance with a <span class="dictionary">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 <span class="dictionary">party</span> issuing the subpoena a written objection setting forth any grounds upon which such production, inspection or testing should not be had. If objection is made, the <span class="dictionary">party</span> on whose behalf the subpoena was issued and served shall not be entitled to the requested production, inspection or testing, except pursuant to an <span class="dictionary">order</span> of the <span class="dictionary">court</span>, but may, upon notice to the person to whom the subpoena was directed, move for an <span class="dictionary">order</span> to compel production, inspection or testing. Upon such timely <span class="dictionary">motion</span>, the <span class="dictionary">court</span> may <span class="dictionary">quash</span>, modify or <span class="dictionary">sustain</span> the subpoena.</p></section></text><history>1956, c. 555; 1979, c. 668; 1984, c. 500; 1986, c. 160; 2000, c. 813; 2004, c. 335.</history><metadata></metadata></law>
