§ 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
Full Text of § 8.01-506.1
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.