A. Notwithstanding any other provision of law, when any party in a civil action issues a subpoena duces tecum for the production of (i) records subject to attorney-client privilege or (ii) the financial records of a nonparty account holder, such attorney holding privileged records or nonparty account holder may file a motion to quash or modify such subpoena.
§ 8.01-420.9.Subpoena duces tecum; financial records of nonparty.
Chapter 14. Evidence · Article 9. Miscellaneous Provisions · Last amended 2025 · Last verified July 16, 2026
In one sentenceSection 8.01-420.9 lets a privileged attorney or a nonparty account holder move to quash or modify a subpoena duces tecum for financial records, and bars a financial institution or similar business from conditioning compliance on payment of fees beyond its actual costs of locating and producing the records.
Full Text of § 8.01-420.9
B. Upon receiving a valid subpoena duces tecum for financial records, no commercial business providing credit history or credit reports, issuer as defined in § 6.2-424, financial institution as defined in § 6.2-604, or money transmitter as defined in § 6.2-1900 shall condition compliance with such subpoena upon the payment of any fees for the costs of producing such records, but such commercial business, issuer, financial institution, or money transmitter may impose reasonable charges not to exceed the actual costs incurred in accessing, duplicating, supplying, or searching for the requested records. Nothing in this section shall be construed to create a cause of action against such commercial business, issuer, financial institution, or money transmitter that complies with a subpoena duces tecum.
Plain-English Summary
Two protections operate side by side here. Subsection A gives standing to challenge a subpoena duces tecum to people who are not parties to the underlying case but have a real stake in the records sought — an attorney holding records subject to attorney-client privilege, or a nonparty whose financial records are being demanded. Either can file a motion to quash or modify the subpoena.
Subsection B protects the businesses on the receiving end of a valid subpoena. A commercial credit-reporting business, an issuer, a financial institution, or a money transmitter cannot hold compliance hostage to a fee demand — it cannot condition production on getting paid first — though it may charge reasonable costs incurred in accessing, duplicating, supplying, or searching for the records. Complying with a subpoena under this section does not expose the business to a lawsuit for having done so.
Frequently Asked Questions
Can a nonparty whose financial records are subpoenaed challenge the subpoena?
Yes. A nonparty account holder may file a motion to quash or modify a subpoena duces tecum seeking their financial records.
Can an attorney holding privileged records challenge a subpoena for those records?
Yes, an attorney holding records subject to attorney-client privilege may likewise move to quash or modify the subpoena.
Can a bank refuse to comply with a subpoena until it gets paid?
No. A financial institution cannot condition compliance on payment of fees, though it may charge reasonable costs incurred in accessing, duplicating, supplying, or searching for the records.
What kinds of businesses does the fee restriction apply to?
Commercial businesses providing credit history or credit reports, issuers as defined in § 6.2-424, financial institutions as defined in § 6.2-604, and money transmitters as defined in § 6.2-1900.
Can a financial institution be sued for complying with a subpoena under this section?
No. The section states that nothing in it creates a cause of action against a business that complies with a subpoena duces tecum.
Amendment History
2025, cc. 287, 300.
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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