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2020 SESSION

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SB 801 Subpoena duces tecum; attorney of record may issue in any criminal case.

Introduced by: Joseph D. Morrissey | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Subpoena duces tecum; attorney-issued subpoena duces tecum; criminal cases. Provides that 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. The bill provides that any such subpoena duces tecum shall be on a form approved by the Executive Secretary of the Supreme Court of Virginia, signed by the attorney as if a pleading, shall include the attorney's address, and shall be mailed or delivered to the adverse party. The bill also provides that the law governing subpoenas duces tecum issued pursuant to Rule 3A:12(b) shall apply and provides a process for objection to such attorney-issued subpoenas.

SUMMARY AS PASSED SENATE:

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 of Virginia, signed by the attorney as if a pleading, shall include the attorney's address, and shall be mailed or delivered to the adverse party. 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.

SUMMARY AS INTRODUCED:

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 of Virginia, 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.