The Virginia Request For Witness Summons is a document used in the state of Virginia to compel a witness to appear in court to provide testimony. It is issued by a judge or clerk of court and requires the witness to appear and testify at a specific court proceeding. There are two types of Virginia Request For Witness Summons: a Subpoena Ducks Cecum and a Subpoena Ad Testificandum. The Subpoena Ducks Cecum requires the witness to produce documents or evidence related to the case at the hearing, whereas the Subpoena Ad Testificandum requires the witness to appear and provide oral testimony. Both types of summons must be served to the witness at least three days prior to the date of the hearing.
Virginia Request For Witness Summons
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Virginia
Control #:
VA-PWILL-02
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Request For Witness Summons
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Rule 3A:12 - Subpoena (a)For Attendance of Witnesses. - (1) A subpoena for the attendance of a witness to testify before a court not of record may be issued by the judge, clerk, magistrate, attorney for the Commonwealth or by the attorney for the accused.
Any person subpoenaed by the Commission who, without just cause, fails or refuses to attend and testify or to answer to any lawful inquiry or to produce books, papers, correspondence, memoranda and other records, when it is within his power to do so, shall be guilty of a Class 1 misdemeanor.
Whether issued by a court or an attorney, a witness subpoena must be properly served on the recipient at least five days before the witness's appearance is required. Subpoenas duces tecum must be properly served on the recipient at least 14 days before the return date for the items subpoenaed.
Upon application of a party and pursuant to the rules of the Supreme Court of Virginia for the issuance of subpoenas, the clerk of the court shall issue, and the court on its own motion may issue, subpoenas requiring attendance and testimony of witnesses and production of records, documents or other tangible objects at
Copies of health records, including an audit trail of any additions, deletions, or revisions to the health record, if specifically requested, shall be furnished within 30 days of receipt of such request to the patient, his attorney, his executor or administrator, or an authorized insurer upon such patient's, attorney's
Valid Reasons to Get Out of a Subpoena Self-incrimination. Privilege (ex: Violating a doctor-patient privilege by releasing their medical records) Family or medical emergency. Didn't receive a subpoena.
A summons shall express on whose behalf, and in what case or about what matter, the witness is to attend. Failure to respond to any such summons shall be punishable by the court in which the proceeding is pending as for contempt.
How summons for witness or juror served. 2. In the case of a juror, by mailing a summons to the person being served, at least seven days prior to the day he is summoned to appear.