Virginia Notice of Subpoena
Description
How to fill out Notice Of Subpoena?
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FAQ
A subpoena is an Order that is issued to require the attendance of a witness to testify at a particular time and place. 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.
Similarly to a subpoena duces tecum, a witness subpoena can only be issued after a lawsuit has been filed. It can also be issued by an attorney licensed to practice law in Virginia, who is in good standing or by the clerk of the court upon written request of a party pursuant to Virginia Code § 8.01-407.
A Declaration for Subpoena Duces Tecum is a form. This according to law, should be signed under penalty of perjury by a person who requests a subpoena duces tecum. The Declaration should also include the hearing party's written explanation as to why the requested evidence is necessary and relevant.
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.
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.
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.
A judge or clerk of a district court may issue a subpoena duces tecum pursuant to the terms of Rule A of the Rules of the Supreme Court of Virginia except that such subpoena may be directed to a party to the case as well as to a person who is not a party.
When an attorney-at-law who is an active member of the Virginia State Bar transmits one or more attorney-issued subpoenas to a sheriff to be served in his jurisdiction, such subpoenas shall be accompanied by a transmittal sheet.
