                                 CODE OF VIRGINIA

ISSUANCE OF SUBPOENA (§ 8.01-412.10)

A. To request the issuance of a subpoena under this article, a party shall
submit to the clerk of court in the circuit in which discovery is sought to be
conducted in the Commonwealth (i) a foreign subpoena and (ii) a written
statement that the law of the foreign jurisdiction grants reciprocal privileges
to citizens of the Commonwealth for taking discovery in the jurisdiction that
issued the foreign subpoena.

B. When a party submits a foreign subpoena to a clerk of court in the
Commonwealth, the clerk, in accordance with that court&#8217;s procedure, shall
promptly issue a subpoena for service upon the person to which the foreign
subpoena is directed.

C. A subpoena under subsection B shall:

   1. Incorporate the terms used in the foreign subpoena; and

   2. Contain or be accompanied by the names, addresses, and telephone numbers of
   all counsel of record in the proceeding to which the subpoena relates and of
   any party not represented by counsel.

D. A request for the issuance of a subpoena under this article does not
constitute an appearance in the courts of the Commonwealth, and no civil action
need be filed in the circuit court of the Commonwealth.

E. The provisions of this article shall be in addition to other procedures
authorized in the Code of Virginia and the rules of court for obtaining
discovery, except that no subpoena issued in the Commonwealth pursuant to this
article may be issued by any person other than the applicable circuit court
clerk of court in the Commonwealth, in accordance with subsections A and B.

HISTORY: 2009, c. 701; 2018, c. 530.