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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>74594</law_id><section_number>19.2-10.4</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="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>In any criminal case a <span class="dictionary">subpoena duces tecum</span> may be issued by the attorney of record 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 Executive Secretary of the Supreme <span class="dictionary">Court</span> of Virginia, signed by the attorney of record as if a pleading, and shall include the attorney&#x2019;s address. A copy of the signed <span class="dictionary">subpoena duces tecum</span>, together with the attorney&#x2019;s certificate of service pursuant to Rule 1:12, shall be mailed or delivered to the adverse <span class="dictionary">party</span> and 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 pursuant to Rule 3A:12(b) shall apply. A sheriff shall not be required to serve an attorney-issued <span class="dictionary">subpoena duces tecum</span> 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 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 required. If objection is made, the <span class="dictionary">party</span> on whose behalf the <span class="dictionary">subpoena duces tecum</span> 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 <span class="dictionary">subpoena duces tecum</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.</p></section></text><history>2020, c. 771.</history><metadata></metadata></law>
