                                 CODE OF VIRGINIA

SUBPOENA DUCES TECUM; ATTORNEY-ISSUED SUBPOENA DUCES TECUM (§ 16.1-89)

A judge or clerk of a district court may issue a subpoena duces tecum pursuant
to the terms of Rule 4:9A of the Rules of the Supreme Court of Virginia except
that such subpoena may be directed to a party to the case as well as to a person
who is not a party.
		Subpoenas duces tecum for medical records issued by an attorney shall be
subject to the provisions of §§ 8.01-413 and 32.1-127.1:03 except that no
separate fee for issuance shall be imposed.
		A subpoena duces tecum may also 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. Any such subpoena duces tecum shall be on a form approved by the
Committee on District Courts, signed by the attorney as if a pleading and shall
include the attorney&#8217;s address. A copy, together with the attorney&#8217;s
certificate of service pursuant to Rule 1:12, shall be mailed or delivered to
the clerk&#8217;s office of the court in which the case is pending on the day of
issuance by the attorney. The law governing subpoenas duces tecum issued by a
clerk shall apply mutatis mutandis, except that attorneys may not issue
subpoenas duces tecum in those cases in which they may not issue a summons as
provided in § 8.01-407. 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 evidence is desired. When an attorney-at-law transmits
one or more subpoenas duces tecum to a sheriff to be served in his jurisdiction,
the provisions in § 8.01-407 regarding such transmittals shall apply.
		If the time for compliance with a subpoena duces tecum 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 party 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 party on whose behalf the subpoena
was issued and served shall not be entitled to the requested production,
inspection or testing, except pursuant to an order of the court, but may, upon
notice to the person to whom the subpoena was directed, move for an order to
compel production, inspection or testing. Upon such timely motion, the court may
quash, modify or sustain the subpoena.

HISTORY: 1956, c. 555; 1979, c. 668; 1984, c. 500; 1986, c. 160; 2000, c. 813;
2004, c. 335.