Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/08/2020     01/08/2020  

Subpoena duces tecum; attorney-issued subpoena duces tecum, criminal cases.

Provides that in any criminal case a subpoena duces tecum may be issued by an attorney who is an active member of the Virginia State Bar at the time of issuance, as an officer of the court. The bill provides that any such subpoena duces tecum shall be on a form approved by the Executive Secretary of the Supreme Court, signed by the attorney as if a pleading, and shall include the attorney's address. The bill also provides that the law governing subpoenas duces tecum issued by a clerk shall apply mutatis mutandis and provides a process for objection to such attorney-issued subpoenas.

Date Version PDF TXT
01/08/2020 Senate: Prefiled and ordered printed; offered 01/08/20 20101345D Open

            

2020 SESSION

    20101345D
    SENATE BILL NO. 801
    Offered January 8, 2020
    Prefiled January 8, 2020
    A BILL to amend the Code of Virginia by adding a section numbered 19.2-10.4, relating to subpoena duces tecum; attorney-issued subpoena duces tecum; criminal cases.
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    Patron-- Morrissey
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    Referred to Committee on the Judiciary
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    Be it enacted by the General Assembly of Virginia:

    1. That the Code of Virginia is amended by adding a section numbered 19.2-10.4 as follows:

    19.2-10.4. Subpoena duces tecum; attorney-issued subpoena duces tecum.

    Notwithstanding Rules 3A:12 and 7A:12 of the Rules of Supreme Court of Virginia, in any criminal case a subpoena duces tecum may be issued by an attorney who is an active member of the Virginia State Bar at the time of issuance, as an officer of the court. Any such subpoena duces tecum shall be on a form approved by the Executive Secretary of the Supreme Court, signed by the attorney as if a pleading, and shall include the attorneys address. A copy of the signed subpoena duces tecum, together with the attorneys certificate of service pursuant to Rule 1:12, shall be mailed or delivered to the clerks office of the court in which the case is pending on the day of issuance by the attorney. The law governing subpoenas duces tecum issued by a clerk shall apply mutatis mutandis. A sheriff shall not be required to serve an attorney-issued subpoena duces tecum that is not issued at least five business days prior to the date production of evidence is desired. When an attorney transmits one or more subpoenas duces tecum to a sheriff to be served in his jurisdiction, the provisions in � 8.01-407 regarding such transmittals shall apply.

    If the time for compliance with a subpoena duces tecum issued by an attorney is less than 14 days after service of the subpoena, the person to whom it is directed may serve upon the party issuing the subpoena a written objection setting forth any grounds upon which such production, inspection, or testing should not be required. If objection is made, the party on whose behalf the subpoena duces tecum was issued and served shall not be entitled to the requested production, inspection, or testing, except pursuant to an order of the court, but may, upon notice to the person to whom the subpoena was directed, move for an order to compel production, inspection, or testing. Upon such timely motion, the court may quash, modify, or sustain the subpoena duces tecum.

    Subpoenas duces tecum for medical records issued by an attorney shall be subject to the provisions of �� 8.01-413 and 32.1-127.1:03, except that no separate fee for issuance shall be imposed.

    Picture Name From Date Type
    Joseph D. Morrissey D-Richmond Sponsor
    Date Branch Action
    01/08/2020 Senate Senate: Prefiled and ordered printed; offered 01/08/20 20101345D
    01/08/2020 Senate Senate: Referred to Committee on the Judiciary
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Wiki





    Start Description.
    Provides that in any criminal case a subpoena duces tecum may be issued by an attorney who is an active member of the Virginia State Bar at the time of issuance, as an officer of the court. The bill provides that any such subpoena duces tecum shall be on a form approved by the Executive Secretary of the Supreme Court, signed by the attorney as if a pleading, and shall include the attorney's address. The bill also provides that the law governing subpoenas duces tecum issued by a clerk
    End Description.

    Bill TEXT Points.
    This Bill has been listed with the following Subjects from Texts:
    Virginia
    801 Offered January 8, 2020 Prefiled January 8, 2020 A BILL to amend the Code of Virginia by adding a section numbered 19

    Subpoena
    Subpoena duces tecum; attorney-issued subpoena duces tecum


    End Bill TEXT Points.
    Date Bill Major Title
    Committee Name
    Subject Type