Virginia - Target Research & Investigation Corporation

Welcome to SUBPOENACENTRAL.COM

From United States Federal Court and Bankruptcy Court subpoenas to STATE COURT subpoenas, including in-state subpoena procedures for use in out of state actions, SubpoenaCentral.com provides a central location for all the information, laws, rules, procedures, forms and the tools you need to issue subpoenas properly, with the correct witness fees, served legally and in a timely manner.

This is a FREE SERVICE of Target Research & Investigation Corporation intended for use by attorneys, paralegals, managing clerks, docket clerks and all other litigation professionals. Registration is free, simple and easy.

For Federal Courts and Bankruptcy Courts:

Federal Court and Bankruptcy Court rules. PDF forms and links to additional official court forms.
Witness fee calculator for Federal Court and Bankruptcy Court (zip code to zip code).

For issuing and serving state court subpoenas out of your own state (“Foreign Subpoenas”):

State court laws and rules with links to official source material
Step by step “how to” instructions including service and notice requirements
Instate county lookup by city or zip code (find the county you need)
Witness fee calculator for each state; attendance fee and mileage fees automatically calculated for you.
Links for state judiciary websites.
Links for county courthouse websites for each county in that state.
Sample FORMS!! Including fillable PDF forms and links to all state courts official forms

Virginia

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:

a foreign subpoena,
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.
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:

Incorporate the terms used in the foreign subpoena; and
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.