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A sheriff shall not be required to serve an attorney-issued subpoena that is not issued at least five business days prior to the date production of evidence is required.
Subpoena For Witness If attendance of a witness is desired in a pending court proceeding, or at a deposition in connection with such proceeding, any party may file a request for a witness subpoena. The request must be in writing. There is no clerks fee for issuance of a witness subpoena.
If any subpoena is served less than five calendar days before appearance is required upon any judicial officer generally incompetent to testify pursuant to 19.2-271, such subpoena shall be without legal force or effect unless the subpoena has been issued by a judge.
Failure to respond to a subpoena is punishable as contempt by either the court or agency issuing the subpoena. Punishment may include monetary sanctions (even imprisonment although extremely unlikely).
For appearance at a trial or hearing, the subpoena must be served at least two days prior to the trial or hearing, unless the court grants leave for the subpoena to be served within that time.
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