Oral argument on any motion in any prisoner civil action shall be heard orally only at the request of the court; whenever possible, the court shall rule upon the record before it. No prisoner shall be permitted to request subpoenas for witnesses or documents, or file discovery requests, until the court has ruled upon any demurrer, plea or motion to dismiss. Where a case proceeds past the initial dispositive motions, the court shall require the prisoner seeking discovery to demonstrate that his requests are relevant and material to the issues in the case. No subpoena for witnesses or documents shall issue unless a judge of the court has reviewed the subpoena request and specifically authorized a subpoena to issue. The court shall exercise its discretion in determining the scope of the subpoena and may condition its issuance on such terms as the court finds appropriate. The court shall take into account the burden placed upon the object of the subpoena in relation to the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation.
§ 8.01-695.When argument held; when discovery permitted.
Chapter 27. Virginia Prisoner Litigation Reform Act · Last amended 2006 · Last verified July 16, 2026
In one sentenceCourts hear oral argument on motions in prisoner civil actions only when the court asks for it, and prisoners cannot seek subpoenas or file discovery until the court rules on an initial demurrer, plea, or motion to dismiss, after which every subpoena still needs a judge’s individual review weighing relevance against the burden it imposes.
Full Text of § 8.01-695
Plain-English Summary
This section pushes prisoner motions toward a paper record. Oral argument happens only when the court itself asks for it; a prisoner or defendant cannot demand a hearing outright. The court is directed to rule on the record before it whenever it can.
Discovery is held back at the start. No prisoner may request subpoenas for witnesses or documents, or file any discovery request, until the court has ruled on any demurrer, plea, or motion to dismiss in the case. That front-loads the screening of weak claims before any party spends time or resources chasing evidence.
Once a case survives those initial motions, discovery still is not automatic. The prisoner seeking it has to show the court that his requests are relevant and material to the issues in the case, and no subpoena for a witness or documents may issue unless a judge has reviewed the request and specifically authorized it — a step beyond the routine clerk-issued subpoenas available in ordinary civil practice. In deciding whether and how to authorize a subpoena, the court weighs the burden it would place on the person or entity subject to it against the needs of the case, the amount in controversy, and the importance of the issues at stake.
Frequently Asked Questions
Does a prisoner have a right to oral argument on a motion?
No. The section provides that oral argument is heard only at the request of the court, and the court rules on the record before it whenever possible.
When can a prisoner start requesting subpoenas or filing discovery requests?
Not until the court has ruled on any demurrer, plea, or motion to dismiss in the case.
Once a case survives the initial dispositive motions, can a prisoner seek any discovery he wants?
No. He must first demonstrate to the court that his discovery requests are relevant and material to the issues in the case.
Can a prisoner have a subpoena issued for a witness or documents on his own request alone?
No. A subpoena may issue only after a judge has reviewed the request and specifically authorized it.
What does the court weigh in deciding whether to authorize a subpoena?
The burden placed on the person or entity subject to the subpoena, weighed against the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation.
Amendment History
2002, c. 871; 2006, c. 435.
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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