8.01-412.10 - Issuance of subpoena.
§ 8.01-412.10. Issuance of subpoena.
A. To request the issuance of a subpoena under this article, a party shallsubmit to the clerk of court in the circuit in which discovery is sought tobe conducted in the Commonwealth (i) a foreign subpoena and (ii) a writtenstatement that the law of the foreign jurisdiction grants reciprocalprivileges to citizens of the Commonwealth for taking discovery in thejurisdiction that issued the foreign subpoena.
B. When a party submits a foreign subpoena to a clerk of court in theCommonwealth, the clerk, in accordance with that court's procedure, shallpromptly issue a subpoena for service upon the person to which the foreignsubpoena 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 numbersof all counsel of record in the proceeding to which the subpoena relates andof any party not represented by counsel.
D. A request for the issuance of a subpoena under this article does notconstitute an appearance in the courts of the Commonwealth, and no civilaction need be filed in the circuit court of the Commonwealth.
E. The provisions of this article shall be in addition to other proceduresauthorized in the Code of Virginia and the rules of court for obtainingdiscovery.
(2009, c. 701.)