16.1-265 - Subpoena; attorney-issued subpoena.
§ 16.1-265. Subpoena; attorney-issued subpoena.
Upon application of a party and pursuant to the rules of the Supreme Court ofVirginia for the issuance of subpoenas, the clerk of the court shall issue,and the court on its own motion may issue, subpoenas requiring attendance andtestimony of witnesses and production of records, documents or other tangibleobjects at any hearing.
Subpoenas duces tecum for medical records shall be subject to the provisionsof §§ 8.01-413 and 32.1-127.1:03 except that no separate fee shall beimposed. A subpoena may also be issued in a civil proceeding by anattorney-at-law who is an active member of the Virginia State Bar at the timeof issuance, as an officer of the court. Any such subpoena 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 issued by aclerk shall apply mutatis mutandis, except that attorneys may not issuesubpoenas in those cases in which they may not issue a summons as provided in§ 8.01-407. When an attorney-at-law transmits one or more subpoenas orsubpoenas duces tecum to a sheriff to be served in his jurisdiction, theprovisions in § 8.01-407 regarding such transmittals shall apply. A sheriffshall not be required to serve an attorney-issued subpoena that is not issuedat least five business days prior to the date production of evidence isrequired.
If the time for compliance with a subpoena issued by an attorney is less than14 days after service of the subpoena, the person to whom it is directed mayserve upon the party issuing the subpoena a written objection setting forthany grounds therefor. If objection is made, the party on whose behalf thesubpoena was issued and served shall not be entitled to compliance, exceptpursuant to an order of the court, but may, upon notice to the person to whomthe subpoena was directed, move for an order to compel compliance. Upon suchtimely motion, the court may quash, modify or sustain the subpoena.
(1977, c. 559; 2000, c. 813; 2004, c. 335.)