Chapter 21. Arbitration and Award · Article 2. Uniform Arbitration Act · Last amended 1986 · Last verified July 16, 2026
In one sentenceArbitrators can administer oaths and issue subpoenas for witnesses and documents, enforceable through the court the same way civil-action subpoenas are, may allow a deposition of a witness who cannot be subpoenaed or attend the hearing, and witnesses are paid the same fees they would receive testifying in circuit court.
Full Text of § 8.01-581.06
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The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action. All provisions of law compelling a person under subpoena to testify are applicable.
On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken of a witness who cannot be subpoenaed or is unable to attend the hearing, in the manner and upon the terms designated by the arbitrators.
Fees for attendance as a witness shall be the same as for a witness in the circuit court.
Plain-English Summary
Arbitration hearings need the same evidence-gathering tools a courtroom has, and this section supplies them. Arbitrators can administer oaths and issue subpoenas compelling witnesses to appear and compelling the production of books, records, documents, and other evidence. Those subpoenas are not self-enforcing — if someone ignores one, a party or the arbitrators can apply to the court, which serves and enforces the subpoena the same way it would in an ordinary civil action, backed by the same laws that compel a subpoenaed person to testify.
When a witness cannot be reached by subpoena, or cannot make it to the hearing, the arbitrators can allow a deposition instead, on whatever terms and in whatever manner they set, at a party’s request and for use as evidence in the arbitration.
Witnesses who show up get paid the same fees a witness would receive for attending in circuit court — arbitration does not shortchange the people asked to testify.
Frequently Asked Questions
Can arbitrators force a witness to testify?
Yes, arbitrators may issue subpoenas for the attendance of witnesses and for the production of documents, and have the power to administer oaths.
How is an arbitration subpoena enforced if someone ignores it?
Upon application to the court by a party or the arbitrators, the subpoena is served and enforced in the manner provided by law for subpoenas in a civil action.
Can a deposition be used instead of live testimony in arbitration?
Yes, on application of a party, the arbitrators may permit a deposition of a witness who cannot be subpoenaed or is unable to attend the hearing, for use as evidence.
How much are witnesses paid for testifying at an arbitration hearing?
The same fees as a witness in circuit court.
Who decides the manner and terms of a deposition taken for use in arbitration?
The arbitrators designate the manner and terms upon which the deposition is taken.
Amendment History
1986, c. 614.
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
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