Virgin Islands Subpoena for Documents to a Nonparty

State:
Multi-State
Control #:
US-PI-0315
Format:
Word; 
Rich Text
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Description

This form is a sample subpoena seeking documents, served upon a non-party to the action.
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FAQ

An attorney-issued subpoena shall be on a form approved by the Supreme Court, signed by the attorney and shall include the attorney's address. The summons and any transmittal sheet shall be deemed to be a pleading to which the provisions of VA Code §8.01-271.1 shall apply.

To domesticate a subpoena in a case being litigated in any U.S. state other than Florida (referred to as a ?foreign? state) the request for issuance of subpoena together with the required documents must be filed with the Clerk of the Circuit Court in the county where the discovery is sought to be conducted in Florida.

The Uniform Interstate Deposition & Discovery Act, VA Code §8.01-412.8 through §8.01-412.15, provides that a party may submit a subpoena from a court of record from another state to the Clerk of the Circuit Court serving the jurisdiction in which discovery is sought.

A court of the United States may order the issuance of a subpoena requiring the appearance as a witness before it, or before a person or body designated by it, of a national or resident of the United States who is in a foreign country, or requiring the production of a specified document or other thing by him, if the ...

Service of subpoena. A subpoena issued by a clerk of court under this article shall be served in compliance with the applicable statutes of the Commonwealth for service of a subpoena.

To request the issuance of a subpoena under this article, a party shall submit to the clerk of court in the circuit in which discovery is sought to be conducted in the Commonwealth (i) a foreign subpoena and (ii) a written statement that the law of the foreign jurisdiction grants reciprocal privileges to citizens of ...

Unlike subpoenas to be served in the United States, the clerk's office cannot routinely issue a subpoena to be served in a foreign country. The party seeking such a subpoena must move the court for an order directing the issuance of the subpoena pursuant to 28 U.S.C. § 1783.

Rule 45.1 of the Arkansas Rules of Civil Procedure allows attorneys in ongoing out-of-state lawsuits to issue subpoenas for depositions or documents in Arkansas. The out-of-state subpoena can be sent to the Arkansas clerk with an Arkansas subpoena form with identical wording.

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Virgin Islands Subpoena for Documents to a Nonparty