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.
A subpoena duces tecum may also be issued by an attorney-at-law 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 Committee on District
Courts, signed by the attorney as if a pleading and shall include the attorney's address. A copy, together with the attorney's certificate of service pursuant to Rule 1:12,
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. The law governing subpoenas duces tecum issued by a clerk shall apply mutatis mutandis,
except that attorneys may not issue subpoenas duces tecum in those cases in which
they may not issue a summons as provided in § 8.01-407. 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 desired. When an attorney-at-law 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 had. If objection is made, the party on whose behalf the subpoena 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.
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