Virginia Subpoena Duces Tecum Civil Attorney Issued
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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.
A subpoena duces tecum is an Order that requires a witness to bring documents, books or other items under his, her or their control, that he she or they is bound by law to produce into evidence.
Rule A - Production from Non-Parties of Documents, Electronically Stored Information, and Things and Entry on Land for Inspection and Other Purposes; Production at Trial (a)Issuance of a Subpoena Duces Tecum.
In any criminal case a subpoena duces tecum may be issued by the attorney of record who is an active member of the Virginia State Bar at the time of issuance, as an officer of the court.
Subpoenas may be used in criminal or civil litigation as well as in administrative proceedings.
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
Subpoena Duces tecum Virginia Code § 8.01-407 allows attorneys to issue subpoenas duces tecum. Any attorney-issued subpoena is required to be on a form approved by the Supreme Court, signed by the attorney, and shall include the attorney's address. See form DC-498, Subpoena Duces tecum (Civil) - Attorney Issued.
Subpoena duces tecum; attorney-issued subpoena duces tecum. In any criminal case a subpoena duces tecum may be issued by the attorney of record who is an active member of the Virginia State Bar at the time of issuance, as an officer of the court.