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§ 8.01-412.9.Definitions.

Chapter 14. Evidence · Article 6.2. Uniform Interstate Depositions and Discovery Act · Last amended 2009 · Last verified July 16, 2026

In one sentenceThis section defines the key terms used throughout the interstate discovery act — “foreign jurisdiction” meaning any state but Virginia, “foreign subpoena” meaning one from another state’s court, “person” covering a broad list of individuals and entities, “state” covering all fifty states plus U.S. territories, and “subpoena” covering deposition testimony, document production, or premises inspection.

Full Text of § 8.01-412.9

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For purposes of this article, unless the context requires otherwise:
"Foreign jurisdiction" means a state other than the Commonwealth.
"Foreign subpoena" means a subpoena issued under authority of a court of record of a foreign jurisdiction.
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency or instrumentality, or any other legal or commercial entity.
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
"Subpoena" means a document, however denominated, issued under the authority of a court of record requiring a person to:
1. Attend and give testimony at a deposition;
2. Produce and permit inspection and copying of designated books, documents, records, electronically stored information, or tangible things in the possession, custody, or control of the person; or
3. Permit inspection of premises under the control of the person.

Plain-English Summary

Every uniform act needs a shared vocabulary to work consistently across states, and § 8.01-412.9 supplies Virginia’s version of it. “Foreign jurisdiction” means any state other than Virginia — not a foreign country, despite the word’s usual connotation. “Foreign subpoena” means a subpoena issued under the authority of a court of record in one of those other jurisdictions.

“Person” gets defined broadly, covering individuals, corporations, business trusts, estates, trusts, partnerships, limited liability companies, associations, joint ventures, public corporations, governments and their subdivisions, agencies, or instrumentalities, and any other legal or commercial entity — a definition built to make sure the act reaches whatever form the party or witness on either end of a subpoena might take. “State” is defined just as broadly, covering not only the fifty states but the District of Columbia, Puerto Rico, the U.S. Virgin Islands, and any U.S. territory or insular possession.

Finally, “subpoena” is defined functionally rather than by label — any document, however denominated, issued under a court of record’s authority that requires someone to attend and testify at a deposition, produce and permit inspection or copying of designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises under that person’s control. That functional definition keeps the act from turning on what a particular document happens to be called in the issuing state.

Frequently Asked Questions

What does “foreign jurisdiction” mean under this article?

It means a state other than the Commonwealth — that is, any other U.S. state or equivalent jurisdiction, not a foreign country in the ordinary sense.

What counts as a “foreign subpoena”?

A document, however denominated, issued under authority of a court of record of a foreign jurisdiction.

How broadly is “person” defined for purposes of this article?

It includes an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity.

Does “state” under this article include U.S. territories?

Yes, “state” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

What three things can a “subpoena” require under this article’s definition?

It can require a person to attend and give testimony at a deposition, produce and permit inspection or copying of designated books, documents, records, electronically stored information, or tangible things, or permit inspection of premises under the person’s control.

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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