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Subpoena for witness behalf of commonwealth

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RETURN OF SERVICE see page two of this form FORM DC-497 MASTER PAGE ONE OF TWO 04/13 Data Elements page one 1. Form DC-497 SUBPOENA FOR WITNESS CIVIL ATTORNEY ISSUED Using This Revisable PDF Form 1. Copies a* Original to the sheriff or private process server to be served on the person being subpoenaed* b. First copy to court. c* Second copy to opposing party. 2. Prepared by attorney for the party. 3. Attachments check for service fees if the subpoena is served by the sheriff* 4. Preparation ...

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What is a subpoena in Virginia?

In Virginia's courts, a subpoena duces tecum requests documents or other tangible evidence. What can be requested will vary from case to case. A subpoena, on the other hand, may request only a recipient's appearance or his appearance and production of tangible evidence at the proceeding.

Who can serve court papers in Virginia?

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.

Can a subpoena be served by mail in Virginia?

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.

Who can issue a subpoena in Virginia?

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.

How far in advance must a subpoena be served in Virginia?

Whether 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.

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How is a subpoena legally served in Virginia?

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.

What does duces tecum mean?

Duces tecum in Latin means, \u201cyou shall bring with you.\u201d This case from California, explains that \u201ca subpoena that requires the production of records, documents, or other things is known as a 'subpoena duces tecum.

Can a subpoena be mailed in Virginia?

What is duces tecum and ad Testificandum?

The subpoena duces tecum is similar to the subpoena ad testificandum, which is a writ summoning a witness to testify orally. However, unlike the latter summons, the subpoena duces tecum instructs the witness to bring in hand books, papers, or evidence for the court.

Does a summons have to be served in person in Virginia?

Appearance in person is not required by this summons. Done in the name of the Commonwealth of Virginia, this.....

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How is a subpoena legally served in Virginia?

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