RulesofCivilProcedure.com Civil Procedure · Every State

§ 8.01-506.1.Production of book accounts or other writing compelled.

Chapter 18. Executions and Other Means of Recovery · Article 6. Interrogatories · Last amended 1993 · Last verified July 16, 2026

In one sentenceAuthorizes a subpoena duces tecum in a § 8.01-506 interrogatory proceeding to compel production of account books or other documentary evidence, allows it to be directed at a party and issued by a commissioner, and applies the Supreme Court’s protective-order rule to whatever is produced.

Full Text of § 8.01-506.1

Text size

In any proceeding under the provisions of § 8.01-506, a subpoena duces tecum may be issued for a book of accounts or other writing containing material evidence pursuant to Rule 4:9A of the Rules of the Supreme Court. However, notwithstanding the provisions of Rule 4:9A, a subpoena duces tecum issued pursuant to this section may (i) be directed to a party to the case and (ii) be issued by a commissioner and may direct that evidence and any custodians subpoenaed be produced before the commissioner. If the subpoena duces tecum is against a party who is not a resident of the Commonwealth, but who has appeared in the case or been served with process in this Commonwealth, the service may be on his attorney of record.
The provisions of Rule 4:1(c) of the Supreme Court as to protective orders shall be applicable to proceedings under this section.

Plain-English Summary

Answers to interrogatories are only as good as the records behind them. Section 8.01-506.1 lets the creditor reach past the debtor’s word and pull the underlying paperwork — books of account, ledgers, any writing with material evidence — through a subpoena duces tecum tied to the interrogatory proceeding.

This subpoena bends the ordinary rule found in Rule 4:9A of the Rules of the Supreme Court in two ways: it can be directed at a party, since a standard subpoena duces tecum typically targets non-parties, and a commissioner, not just the court, can issue it and order the records and any custodian brought before the commissioner.

For a non-resident party who has appeared in the case or been served with process here, service can go to that party’s attorney of record instead of tracking the person down out of state.

None of this strips away privacy protections: the Supreme Court’s protective-order rule, Rule 4:1(c), still applies, so sensitive material can be shielded even as it is produced.

Frequently Asked Questions

What can be compelled in an interrogatory proceeding under this section?

A book of accounts or other writing containing material evidence, produced through a subpoena duces tecum.

Can the subpoena duces tecum be directed at a party?

Yes, which departs from the standard rule under Rule 4:9A that normally targets non-parties.

Who can issue this subpoena?

A commissioner, who may direct that the evidence and any custodian subpoenaed be produced before the commissioner.

How is a non-resident party served if the party has appeared or been served with process here?

Service may be made on that party’s attorney of record.

Do protective orders apply to records produced under this section?

Yes, Rule 4:1(c)’s protective-order provisions apply to proceedings under this section.

Amendment History

1978, c. 339; 1986, c. 249; 1993, c. 267.

Source & verification. Section text and amendment history are reproduced verbatim from the Code of Virginia, published by the Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026. · Official source
Also known as: subpoena duces tecum debtor interrogatories virginiaproduce financial records judgment debtor virginiava code 8.01-506.1compel bank records post judgment virginiadebtor examination document production virginia