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2002 SESSION

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HB 457 Subpoenas; production of information stored in electronic format.

Introduced by: H. Morgan Griffith | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Compliance with criminal subpoena. Provides that when a criminal subpoena has been served on a person who is not a party to the action requiring the production of information that is stored in an electronic format, the person shall produce a tangible copy of the information. If a tangible copy cannot be produced, the person shall permit the parties to review the information on a computer or by electronic means during normal business hours, provided that the information can be accessed and isolated. If a tangible copy cannot reasonably be produced and the information is commingled with information other than that requested in the subpoena and cannot reasonably be isolated, the person may file a motion for a protective order or motion to quash.

SUMMARY AS PASSED HOUSE:

Compliance with subpoenas duces tecum. Provides that when a subpoena for the production of documents and things has been issued pursuant to § 19.2-267, the party in control of the requested information shall produce a tangible copy of the information and if the information is unobtainable, the parties shall have access to the computer or other means of viewing the information during reasonable business hours.

SUMMARY AS INTRODUCED:

Compliance with subpoenas duces tecum. Provides that when a subpoena for the production of documents and things has been issued pursuant to any provision of the Code or the Rules of the Supreme Court, and the party in control of the requested information cannot physically produce the information, but the information can be accessed on a computer to which the party has access, the party must notify the court and permit access to the computer by the requesting party and the opposing party.