                                 CODE OF VIRGINIA

WHEN ARGUMENT HELD; WHEN DISCOVERY PERMITTED (§ 8.01-695)

Oral argument on any motion in any prisoner civil action shall be heard orally
only at the request of the court; whenever possible, the court shall rule upon
the record before it. No prisoner shall be permitted to request subpoenas for
witnesses or documents, or file discovery requests, until the court has ruled
upon any demurrer, plea or motion to dismiss. Where a case proceeds past the
initial dispositive motions, the court shall require the prisoner seeking
discovery to demonstrate that his requests are relevant and material to the
issues in the case. No subpoena for witnesses or documents shall issue unless a
judge of the court has reviewed the subpoena request and specifically authorized
a subpoena to issue. The court shall exercise its discretion in determining the
scope of the subpoena and may condition its issuance on such terms as the court
finds appropriate. The court shall take into account the burden placed upon the
object of the subpoena in relation to the needs of the case, the amount in
controversy, and the importance of the issues at stake in the litigation.

HISTORY: 2002, c. 871; 2006, c. 435.