In addition to the methods by which service of process may be effected pursuant to § 8.01-301, when a party in a civil action issues a subpoena for electronic records, electronically stored information, or other documents or records that are stored outside of the Commonwealth by a nonparty commercial enterprise, whether a domestic corporation or foreign corporation, that is transacting or has transacted any business in the Commonwealth, such subpoena may be served on such commercial enterprise within or outside of the Commonwealth by hand, certified mail, commercial delivery service, facsimile, or electronic means.
§ 8.01-301.1.Subpoena for production of electronic records, etc., from nonparty commercial enterprise.
Chapter 8. Process · Article 4. Who to Be Served · Last amended 2026 · Last verified July 16, 2026
In one sentenceSection 8.01-301.1 lets a party in a civil action serve a subpoena for electronic records, electronically stored information, or other documents held outside Virginia by a nonparty commercial enterprise that transacts business in the Commonwealth by hand, certified mail, commercial delivery service, facsimile, or electronic means, on top of the methods § 8.01-301 already provides.
Full Text of § 8.01-301.1
Plain-English Summary
Modern litigation often needs records a nonparty business stores in a data center or archive far from Virginia. Section 8.01-301.1 addresses that scenario directly: when a party in a civil action issues a subpoena for electronic records, electronically stored information, or other documents or records held outside the Commonwealth by a nonparty commercial enterprise, and that enterprise is transacting or has transacted business in Virginia, the subpoena may be served on the enterprise within or outside Virginia.
The section widens the delivery options considerably beyond traditional hand service. It permits service by hand, certified mail, commercial delivery service, facsimile, or electronic means, giving the party seeking records a practical way to reach a business entity that may have no local office or registered agent easily found in Virginia. This method supplements rather than replaces the corporate-service methods already available under § 8.01-301.
Frequently Asked Questions
What kind of subpoena does this section address?
A subpoena for electronic records, electronically stored information, or other documents or records that are stored outside of Virginia by a nonparty commercial enterprise.
Does the nonparty need any connection to Virginia for this section to apply?
Yes. The commercial enterprise must be transacting or have transacted business in the Commonwealth.
How can such a subpoena be served?
By hand, certified mail, commercial delivery service, facsimile, or electronic means, whether the enterprise is located within or outside Virginia.
Does it matter where the records themselves are physically stored?
Yes. The section applies specifically when the electronic records or documents are stored outside of the Commonwealth.
Does this section replace the service methods in §8.01-301?
No. It applies in addition to the methods by which service of process may be effected pursuant to § 8.01-301.
Amendment History
2026, c. 868.
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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