An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under § 8.01-412.10 shall comply with the statutes and rules of court of the Commonwealth and be submitted to the court in the circuit in which discovery is to be conducted. A separate civil action need not be filed.
§ 8.01-412.13.Application to court.
Chapter 14. Evidence · Article 6.2. Uniform Interstate Depositions and Discovery Act · Last amended 2009 · Last verified July 16, 2026
In one sentenceThis section directs that any request for a protective order, or to enforce, quash, or modify a subpoena issued by a clerk under the interstate discovery procedure, follow Virginia’s ordinary statutes and court rules and be filed in the circuit where the discovery is to occur, without requiring the filing of a separate civil action.
Full Text of § 8.01-412.13
Plain-English Summary
Not every subpoena goes smoothly — sometimes a party or witness needs to ask a court to step in, whether to protect sensitive information, force compliance, or narrow an overbroad request. Section 8.01-412.13 makes clear that Virginia’s existing statutes and court rules govern those applications when the subpoena originated through the interstate discovery procedure, the same as they would for any other Virginia subpoena.
The application belongs in the circuit court where the discovery is being conducted — a sensible rule, since that is the court whose clerk issued the subpoena and whose jurisdiction covers the person being asked to comply. And just as with the initial issuance of the subpoena, no separate civil action needs to be filed to bring one of these applications; the whole point of the uniform act is to avoid that extra procedural layer.
Frequently Asked Questions
How do I ask a Virginia court to quash a subpoena issued under this interstate discovery article?
The application must comply with the statutes and rules of court of the Commonwealth and be submitted to the court in the circuit in which discovery is to be conducted.
Can I seek a protective order under this article, not just move to quash?
Yes, the section covers applications for a protective order as well as applications to enforce, quash, or modify the subpoena.
Do I need to file a separate lawsuit to bring one of these applications?
No, a separate civil action need not be filed.
Which court handles these applications?
The court in the circuit in which discovery is to be conducted.
Does this section apply to any subpoena, or only those issued under the interstate discovery procedure?
It applies specifically to a subpoena issued by a clerk of court under § 8.01-412.10.
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
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