                                 CODE OF VIRGINIA

SUBPOENA DUCES TECUM; ATTORNEY-ISSUED SUBPOENA DUCES TECUM (§ 19.2-10.4)

In any criminal case a subpoena duces tecum 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 court. Any such subpoena duces tecum shall be on
a form approved by the Executive Secretary of the Supreme Court of Virginia,
signed by the attorney of record as if a pleading, and shall include the
attorney&#8217;s address. A copy of the signed subpoena duces tecum, together
with the attorney&#8217;s certificate of service pursuant to Rule 1:12, shall be
mailed or delivered to the adverse party and 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 pursuant to Rule 3A:12(b) shall
apply. A sheriff shall not be required to serve an attorney-issued subpoena
duces tecum that is not issued at least five business days prior to the date
production of evidence is desired. When an attorney 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 required. If objection is made, the party on whose behalf the
subpoena duces tecum 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 duces tecum.
		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.

HISTORY: 2020, c. 771.