The following is the procedure for an out of state or foreign party to issue a court ordered subpoena within Virginia:

The party seeking the subpoena must comply with the following statute:

Uniform Interstate Depositions and Discovery Act

Click here for Virginia § 8.01-412.10

Serving the subpoena:

Click here for Virginia § 8.01-296 Service to a Natural Person

Click here for Virginia § 8.01-299 Service on a Corporation

Virginia Sample subpoena:

Click here for Virginia Sample Subpoena Form

Click here for Virginia Courts Main Forms Website

Required Steps:

Note: Virginia adopts the UIDDA procedure only when the litigation is pending in a jurisdiction that follows UIDDA or one of its predecessors.

A party shall submit to the clerk of court in the circuit in which discovery is sought to be conducted in the Commonwealth the following items:

  1. a foreign subpoena,
  2. a written statement that the law of the foreign jurisdiction grants reciprocal privileges to citizens of the Commonwealth for taking discovery in the jurisdiction that issued the foreign subpoena.
  3. A request for the issuance of a subpoena under this rule does not constitute an appearance in the courts of Virginia.

When a party submits a foreign subpoena to a clerk of court in the Commonwealth, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.

A subpoena under this rule shall:

  1. Incorporate the terms used in the foreign subpoena; and
  2. Contain or be accompanied by the names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.

The subpoena shall be served in compliance with procedures outlined in the Code of Virginia.

Depending on the county and type of subpoena, a fee may apply. Check county court fee listings to determine any fees.

Witness fees:

As per Va Code 17.611, witnesses are entitled to mileage at the standard IRS rate, currently .54 a mile. Witnesses are also entitled to be reimbursed for tolls that are on the way to and from the subpoena destination.

Notice time:

Witness subpoenas must not be issued less than five business days prior to the time attendance is required. For a subpoena duces tecum, it must not be issued less than fourteen days prior to the date to produce the documents or things.

Notice to adverse parties:

A party desiring to take the deposition of any person upon oral examination shall give reasonable notice in writing to every other party to the action.