State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-16-1 > Chapter-6 > 16-1-89

§ 16.1-89. Subpoena duces tecum; attorney-issued subpoena duces tecum.

A judge or clerk of a district court may issue a subpoena duces tecumpursuant to the terms of Rule 4:9 of the Rules of the Supreme Court ofVirginia except that such subpoena may be directed to a party to the case aswell as to a person who is not a party.

Subpoenas duces tecum for medical records issued by an attorney shall besubject to the provisions of §§ 8.01-413 and 32.1-127.1:03 except that noseparate fee for issuance shall be imposed.

A subpoena duces tecum may also be issued by an attorney-at-law who is anactive member of the Virginia State Bar at the time of issuance, as anofficer of the court. Any such subpoena duces tecum shall be on a formapproved by the Committee on District Courts, signed by the attorney as if apleading and shall include the attorney's address. A copy, together with theattorney's certificate of service pursuant to Rule 1:12, shall be mailed ordelivered to the clerk's office of the court in which the case is pending onthe day of issuance by the attorney. The law governing subpoenas duces tecumissued by a clerk shall apply mutatis mutandis, except that attorneys may notissue subpoenas duces tecum in those cases in which they may not issue asummons as provided in § 8.01-407. A sheriff shall not be required to servean attorney-issued subpoena that is not issued at least five business daysprior to the date production of evidence is desired. When an attorney-at-lawtransmits one or more subpoenas duces tecum to a sheriff to be served in hisjurisdiction, the provisions in § 8.01-407 regarding such transmittals shallapply.

If the time for compliance with a subpoena duces tecum issued by an attorneyis less than 14 days after service of the subpoena, the person to whom it isdirected may serve upon the party issuing the subpoena a written objectionsetting forth any grounds upon which such production, inspection or testingshould not be had. If objection is made, the party on whose behalf thesubpoena was issued and served shall not be entitled to the requestedproduction, inspection or testing, except pursuant to an order of the court,but may, upon notice to the person to whom the subpoena was directed, movefor an order to compel production, inspection or testing. Upon such timelymotion, the court may quash, modify or sustain the subpoena.

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