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Rule 8:13 – Requests for Subpoenas for Witnesses and Records

May 14, 2021 | Family Law, Virginia

A court may authorize the use of electronic or photographic means for the preservation of the record or parts thereof.

(a)Subpoenas for Witnesses.

(1) Requests for subpoenas for witnesses should be filed at least ten days prior to hearing.
(2) Requests for subpoenas for witnesses not timely filed should not be honored except when authorized by the court for good cause.
(b)Subpoenas Duces Tecum.

(1) Requests for subpoenas duces tecum should be filed at least 15 days prior to hearing.
(2) Requests for subpoenas duces tecum not timely filed should not be honored except when authorized by a judge for good cause.
(c)Meaning of Filed. The term “filed” as used in this Rule means received in the appropriate clerk’s office or by an appropriate magistrate.
(d)Copies of Requests for Subpoenas Duces Tecum. All requests for subpoenas duces tecum must be served on each counsel of record by delivering, dispatching by commercial delivery service, transmitting by facsimile or mailing a copy to each on or before the day of filing. At the foot of such requests must be appended either acceptance of service or a certificate that copies were served as this Rule requires, showing the date of delivery, dispatching, transmitting or mailing.
(e)Exception. This Rule does not apply to subpoenas for witnesses and subpoenas duces tecum issued by attorneys in civil cases as authorized by Virginia Code ยงยง 8.01-407 and 16.1-265.

Va. Sup. Ct. 8:13

Amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.