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How summons for witness issued and to whom directed; how witness released from attorney-issued subpoena; prior permission of court to summon certain officials and judges.
Motions may be typed by either party, may be filed on the General Notice and Motion Form or may be filed on one of the appropriate forms provided by the Supreme Court of Virginia (located here). Emergency Motions will be heard at 9:30AM Monday-Friday.
In any criminal case a subpoena duces tecum may be issued by the attorney of record who is an active member of the Virginia State Bar at the time of issuance, as an officer of the court.
Under Rule 45 of the Federal Rules of Civil Procedure (FRCP), in-person service is required in most cases.
3.2-3218. Penalties for failure to comply with subpoenas; compelling obedience. Any person failing to comply with any subpoena issued by the Commission or pursuant to its authority is guilty of a Class 2 misdemeanor, and each day during which such violation shall continue shall be deemed a separate offense.
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TO the person summoned: If you are served with this subpoena less than 5 calendar days before your appearance is required, the court may, after considering all of the circumstances, refuse to enforce the subpoena for lack of adequate notice.
Whether issued by a court or an attorney, a witness subpoena must be properly served on the recipient at least five days before the witnesss 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.
For a Witness Subpoena, you must complete and submit the following form CC-1439 Subpoena/Subpoena Duces Tecum (PDF) and also provide a foreign subpoena from your jurisdiction that contains or is accompanied by: Who (Name and address of person being subpoenaed.)

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