{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/8.01-412.10.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/8.01-412.10.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/8.01-412.10.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/8.01-412.10.html"}],"law_id":377286,"edition_id":2,"section_id":377286,"structure_id":53626,"section_number":"8.01-412.10","catch_line":"Issuance of subpoena","history":"2009, c. 701; 2018, c. 530.","full_text":"A\n\nTo 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 the Commonwealth for taking discovery in the jurisdiction that issued the foreign subpoena.\n\nB\n\nWhen 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.\n\nC\n\nA subpoena under subsection B shall:\n\n1\n\nIncorporate the terms used in the foreign subpoena; and\n\n2\n\nContain 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.\n\nD\n\nA request for the issuance of a subpoena under this article does not constitute an appearance in the courts of the Commonwealth, and no civil action need be filed in the circuit court of the Commonwealth.\n\nE\n\nThe provisions of this article shall be in addition to other procedures authorized in the Code of Virginia and the rules of court for obtaining discovery, except that no subpoena issued in the Commonwealth pursuant to this article may be issued by any person other than the applicable circuit court clerk of court in the Commonwealth, in accordance with subsections A and B.\n\n","order_by":null,"text":{"0":{"id":1408028,"text":"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 the Commonwealth for taking discovery in the jurisdiction that issued the foreign subpoena.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1408029,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":1408030,"text":"A subpoena under subsection B shall:","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"C1"},"3":{"id":1408031,"text":"Incorporate the terms used in the foreign subpoena; and","type":"section","prefixes":["C","1"],"prefix":"1","entire_prefix":"C1","prefix_anchor":"C1","level":2,"prior_prefix":"C","next_prefix":"C2"},"4":{"id":1408032,"text":"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.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C1","next_prefix":"D"},"5":{"id":1408033,"text":"A request for the issuance of a subpoena under this article does not constitute an appearance in the courts of the Commonwealth, and no civil action need be filed in the circuit court of the Commonwealth.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C2","next_prefix":"E"},"6":{"id":1408034,"text":"The provisions of this article shall be in addition to other procedures authorized in the Code of Virginia and the rules of court for obtaining discovery, except that no subpoena issued in the Commonwealth pursuant to this article may be issued by any person other than the applicable circuit court clerk of court in the Commonwealth, in accordance with subsections A and B.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":53626,"edition_id":2,"name":"Uniform Interstate Depositions and Discovery Act","identifier":"6.2","label":"article","depth":3,"order_by":3,"parent_id":53618,"metadata":{"child_laws":8,"child_structures":0},"date_created":"2026-08-02 03:19:36","date_modified":"2026-08-02 12:28:19","permalink":{"id":1504565,"object_type":"structure","relational_id":53626,"identifier":"6.2","token":"8.01\/14\/6.2","url":"\/8.01\/14\/6.2\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53618,"edition_id":2,"name":"Evidence","identifier":"14","label":"chapter","depth":2,"order_by":27,"parent_id":53558,"metadata":{"child_laws":83,"child_structures":13},"date_created":"2026-08-02 03:19:30","date_modified":"2026-08-02 12:28:19","permalink":{"id":1504359,"object_type":"structure","relational_id":53618,"identifier":"14","token":"8.01\/14","url":"\/8.01\/14\/","edition_id":2,"permalink":0,"preferred":1}},{"id":53558,"edition_id":2,"name":"Civil Remedies and Procedure","identifier":"8.01","label":"title","depth":1,"order_by":12,"parent_id":null,"metadata":{"child_laws":1095,"child_structures":142},"date_created":"2026-08-02 03:18:32","date_modified":"2026-08-02 12:28:09","permalink":{"id":1504031,"object_type":"structure","relational_id":53558,"identifier":"8.01","token":"8.01","url":"\/8.01\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":377286,"structure_id":53626,"section_number":"8.01-412.10","catch_line":"Issuance of subpoena","url":"\/8.01-412.10\/","token":"8.01\/14\/6.2\/8.01-412.10","metadata":false},{"id":377287,"structure_id":53626,"section_number":"8.01-412.11","catch_line":"Service of subpoena","url":"\/8.01-412.11\/","token":"8.01\/14\/6.2\/8.01-412.11","metadata":false},{"id":377288,"structure_id":53626,"section_number":"8.01-412.12","catch_line":"Deposition, production, and inspection","url":"\/8.01-412.12\/","token":"8.01\/14\/6.2\/8.01-412.12","metadata":false},{"id":377289,"structure_id":53626,"section_number":"8.01-412.13","catch_line":"Application to court","url":"\/8.01-412.13\/","token":"8.01\/14\/6.2\/8.01-412.13","metadata":false},{"id":377290,"structure_id":53626,"section_number":"8.01-412.14","catch_line":"Uniformity of application and construction; reciprocal privileges","url":"\/8.01-412.14\/","token":"8.01\/14\/6.2\/8.01-412.14","metadata":false},{"id":377291,"structure_id":53626,"section_number":"8.01-412.15","catch_line":"Application to pending actions","url":"\/8.01-412.15\/","token":"8.01\/14\/6.2\/8.01-412.15","metadata":false},{"id":377298,"structure_id":53626,"section_number":"8.01-412.8","catch_line":"Short title","url":"\/8.01-412.8\/","token":"8.01\/14\/6.2\/8.01-412.8","metadata":false},{"id":377299,"structure_id":53626,"section_number":"8.01-412.9","catch_line":"Definitions","url":"\/8.01-412.9\/","token":"8.01\/14\/6.2\/8.01-412.9","metadata":false}],"next_section":{"id":377287,"structure_id":53626,"section_number":"8.01-412.11","catch_line":"Service of subpoena","url":"\/8.01-412.11\/","token":"8.01\/14\/6.2\/8.01-412.11","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/8.01-412.10\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapter 701<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2018, chapter 530<\/a>.<\/p>","references":[{"id":377288,"section_number":"8.01-412.12","catch_line":"Deposition, production, and inspection","order_by":null,"url":"\/8.01-412.12\/"},{"id":377289,"section_number":"8.01-412.13","catch_line":"Application to court","order_by":null,"url":"\/8.01-412.13\/"},{"id":377328,"section_number":"8.01-420.4:1","catch_line":"Taking of depositions; corporate officers","order_by":null,"url":"\/8.01-420.4_1\/"}],"refers_to":false,"permalink":{"id":1504567,"object_type":"law","relational_id":377286,"identifier":"8.01-412.10","token":"8.01\/14\/6.2\/8.01-412.10","url":"\/8.01-412.10\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/8.01-412.10\/","token":"8.01\/14\/6.2\/8.01-412.10","dublin_core":{"Title":"Issuance of subpoena","Type":"Text","Format":"text\/html","Identifier":"\u00a7 8.01-412.10","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> To request the issuance of a subpoena under this article, a party<\/span> shall submit to the clerk of court<\/span> in the circuit<\/span> in which discovery<\/span> is sought to be conducted in the Commonwealth (i) a foreign subpoena<\/span> and (ii) a written statement that the law<\/span> of the foreign jurisdiction<\/span> grants reciprocal privileges<\/span> to citizens of the Commonwealth for taking discovery<\/span> in the jurisdiction that issued the foreign subpoena<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When a party<\/span> submits a foreign subpoena<\/span> to a clerk of court<\/span> in the Commonwealth, the clerk, in accordance with that court’s procedure, shall promptly issue<\/span> a subpoena for service upon the person<\/span> to which the foreign subpoena<\/span> is directed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A subpoena under subsection B shall: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Incorporate the terms used in the foreign subpoena<\/span>; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Contain or be accompanied by the names, addresses, and telephone numbers of all counsel<\/span> of record in the proceeding to which the subpoena relates and of any party<\/span> not represented by counsel<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A request for the issuance of a subpoena under this article does not constitute an appearance<\/span> in the courts<\/span> of the Commonwealth, and no civil action<\/span> need be filed in the circuit<\/span> court of the Commonwealth. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The provisions of this article shall be in addition to other procedures authorized in the Code of Virginia and the rules of court for obtaining discovery<\/span>, except that no subpoena issued in the Commonwealth pursuant to this article may be issued by any person<\/span> other than the applicable circuit<\/span> court clerk of court<\/span> in the Commonwealth, in accordance with subsections A and B. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISSUANCE OF SUBPOENA (\u00a7 8.01-412.10)\n\nA. To request the issuance of a subpoena under this article, a party shall\nsubmit to the clerk of court in the circuit in which discovery is sought to be\nconducted in the Commonwealth (i) a foreign subpoena and (ii) a written\nstatement that the law of the foreign jurisdiction grants reciprocal privileges\nto citizens of the Commonwealth for taking discovery in the jurisdiction that\nissued the foreign subpoena.\n\nB. When a party submits a foreign subpoena to a clerk of court in the\nCommonwealth, the clerk, in accordance with that court’s procedure, shall\npromptly issue a subpoena for service upon the person to which the foreign\nsubpoena is directed.\n\nC. A subpoena under subsection B shall:\n\n 1. Incorporate the terms used in the foreign subpoena; and\n\n 2. Contain or be accompanied by the names, addresses, and telephone numbers of\n all counsel of record in the proceeding to which the subpoena relates and of\n any party not represented by counsel.\n\nD. A request for the issuance of a subpoena under this article does not\nconstitute an appearance in the courts of the Commonwealth, and no civil action\nneed be filed in the circuit court of the Commonwealth.\n\nE. The provisions of this article shall be in addition to other procedures\nauthorized in the Code of Virginia and the rules of court for obtaining\ndiscovery, except that no subpoena issued in the Commonwealth pursuant to this\narticle may be issued by any person other than the applicable circuit court\nclerk of court in the Commonwealth, in accordance with subsections A and B.\n\nHISTORY: 2009, c. 701; 2018, c. 530.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}