A judge or clerk of a district court may issue a subpoena duces tecum pursuant to the terms of Rule 4:9A 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.
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 copy of the subpoena and, if served by a sheriff, all service of process fees, shall be mailed or delivered to the Clerk's Office of the court in which the case is pending, on the day of issuance by the attorney.
five daysWhether 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.
A subpoena directed to another city or county in Virginia is mailed by the clerk's office to the sheriff or serving officer of that jurisdiction. The date of mailing should be noted on the process book.
If any subpoena is served less than five calendar days before appearance is required upon any judicial officer generally incompetent to testify pursuant to Va. Code § 19.2-271, such subpoena shall be without legal force or effect unless a judge has issued the subpoena.
The papers can be served in person, either at the defendant's residence or another location. Usually this is accomplished by a Deputy Sheriff or a comparable official. 2. The papers can be given to a member of the defendant's household, so long as the person receiving delivery is at least 16 years old.
If a party designated in subsection A of § 16.1-263 to be served with a summons can be found within the Commonwealth, the summons shall be served upon him in person or by substituted service as prescribed in subdivision 2 of § 8.01-296.
The following persons are authorized to serve process:The sheriff within such territorial bounds as described in § 8.01-295;Any person 18 years of age or older and who is not a party or otherwise interested in the subject matter in controversy. ... A private process server.
Since a subpoena is a court order, refusal to comply can result in contempt of court charge, punishable by jail, a fine, or both.
Avoidance. A subpoena must be served by someone personally delivering a copy of it to you. ... Objection. A person that is subpoenaed to produce or inspect documents or other material may slow the process by objecting to the subpoena in writing. ... Undue Burden. ... Priveleged Information.
you shall bring with youPrimary tabs. A subpoena duces tecum is a type of subpoena that requires the witness to produce a document or documents pertinent to a proceeding. From the Latin duces tecum, meaning "you shall bring with you". See, e.g., United States v.
Since a subpoena is a court order, refusal to comply can result in contempt of court charge, punishable by jail, a fine, or both.
Avoidance. A subpoena must be served by someone personally delivering a copy of it to you. ... Objection. A person that is subpoenaed to produce or inspect documents or other material may slow the process by objecting to the subpoena in writing. ... Undue Burden. ... Priveleged Information.
In re is a Latin phrase meaning “in the matter of.” The term “In re” is used in legal documents to refer to a case, particularly a case without an opposing party. For example, "In re Estate of Ruth Bentley" might be used to refer to a probate case about the estate of Ruth Bentley.
The subpoena must be posted at least 5 days before the date of the witness's required appearance. 3. If the appearance date is less than 5 days from the date of service.