Statutes and rules applicable in actions pending in the circuit courts of the Commonwealth with respect to compliance with subpoenas to attend and give testimony, produce designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises, shall apply to subpoenas issued under § 8.01-412.10.
§ 8.01-412.12.Deposition, production, and inspection.
Chapter 14. Evidence · Article 6.2. Uniform Interstate Depositions and Discovery Act · Last amended 2009 · Last verified July 16, 2026
In one sentenceThis section applies Virginia’s ordinary statutes and court rules governing compliance with subpoenas — for attending and testifying, producing documents or electronically stored information, or permitting inspection of premises — to any subpoena issued under this article’s interstate procedure, so the out-of-state origin of the underlying case changes nothing about how compliance is handled once the Virginia subpoena is issued.
Full Text of § 8.01-412.12
Plain-English Summary
After a Virginia clerk issues a subpoena based on a foreign one, the practical questions that matter most are ordinary discovery questions: how does the witness comply, what counts as adequate production, how does inspection of a location happen in practice? Section 8.01-412.12 answers those questions by cross-reference rather than by writing new rules from scratch.
Whatever statutes and court rules already apply in cases pending in Virginia’s circuit courts — for attending and testifying, producing designated books, documents, records, or electronically stored information, or permitting inspection of premises — apply equally to subpoenas issued under the interstate discovery procedure in the preceding section. Once the Virginia subpoena exists, it behaves exactly like a subpoena issued in a case that started in Virginia to begin with.
Frequently Asked Questions
What rules govern how someone must comply with a subpoena issued under this interstate discovery article?
The same statutes and rules applicable in actions pending in Virginia’s circuit courts regarding compliance with subpoenas — for attending and testifying, producing designated materials, or permitting inspection of premises — apply to subpoenas issued under § 8.01-412.10.
Does compliance work differently because the underlying case is in another state?
No, this section applies Virginia’s ordinary subpoena-compliance rules regardless of where the underlying litigation is pending.
Does this section cover subpoenas requiring production of electronically stored information?
Yes, it specifically includes compliance with subpoenas to produce electronically stored information, along with books, documents, records, and tangible things.
Does this section cover subpoenas seeking inspection of a physical location?
Yes, it covers subpoenas to permit inspection of premises, using the same rules that apply to Virginia cases generally.
Which subpoenas does this compliance rule apply to specifically?
Subpoenas issued under § 8.01-412.10, the section governing issuance of a Virginia subpoena based on a foreign subpoena.
Amendment History
2009, c. 701.
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: va code 8.01-412.12virginia interstate deposition compliance rulesproducing documents under foreign subpoena virginiainspection premises subpoena virginia interstate