Rule 4:9A.Production from Non-Parties of Documents, Electronically Stored Information, and Things and Entry on Land for Inspection and Other Purposes; Production at Trial.
Part Four: Pretrial Procedures, Dispositions and Production at Trial · Last amended 2025 · Last verified July 16, 2026
In one sentenceRule 4:9A is the non-party counterpart to Rule 4:9 — it governs the subpoena duces tecum that reaches documents, electronically stored information, and tangible things held by someone who is not a party, including who may issue it, how objections and cost-shifting work, and the protections for certain officials and sensitive records.
(a)Issuance of a Subpoena Duces Tecum. — Except as provided in paragraph (d) of this Rule, a subpoena duces tecum may be issued:
(1)By the clerk of court. Upon written request therefor filed with the clerk of the court in which the action or suit is pending by counsel of record for any party or by a party having no counsel in any pending case, with a certificate that a copy thereof has been served pursuant to Rule 1:12 upon counsel of record and to parties having no counsel, the clerk must issue to a person not a party therein a subpoena duces tecum subject to this Rule.
(2)By an attorney. In a pending civil proceeding, a subpoena duces tecum may be issued by an attorney-at-law as an officer of the court if he or she is an active member of the Virginia State Bar at the time of issuance. An attorney may not issue a subpoena duces tecum in those civil proceedings excluded in Virginia Code § 8.01-407. An attorney-issued subpoena duces tecum must be signed as if a pleading and must contain the attorney's address, telephone number and Virginia State Bar identification number. A copy of any attorney-issued subpoena duces tecum must be mailed or delivered to the clerk's office of the court in which the case is pending on the day of issuance with a certificate that a copy thereof has been served pursuant to Rule 1:12 upon counsel of record and to parties having no counsel. If time for compliance with an attorney-issued subpoena duces tecum is less than fourteen (14) days after service of the subpoena, the person to whom the subpoena is directed may serve on the party issuing the subpoena a written objection setting forth any grounds upon which such production, inspection, copying, sampling or testing should not be had. If an objection is made, the party issuing the subpoena is not entitled to the requested production, inspection, copying, sampling or testing, except pursuant to an order of the court in which the civil proceeding is pending. If an objection is made, the party issuing the subpoena may, upon notice to the person to whom the subpoena is directed, move for an order to compel the production, inspection, copying, sampling or testing. Upon a timely motion, the court may quash, modify or sustain the subpoena as provided above in subsection (c) of this Rule.
(b)Content of Subpoena Duces Tecum; Objections. — Subject to paragraph (d) of this Rule, a subpoena duces tecum will command the person to whom it is directed, or someone acting on his behalf, to produce the documents, electronically stored information, or designated tangible things (including writings, drawings, graphs, charts, photographs, and other data or data compilations stored in any medium from which
information can be obtained, translated, if necessary, by the respondent into reasonably usable form) designated and described in said request, and to permit the party filing such request, or someone acting in his behalf, to inspect and copy, test, or sample any designated tangible things which constitute or contain matters within the scope of Rule 4:1(b) which are in the possession, custody or control of such person to whom the subpoena is directed, at a time and place and for the period specified in the subpoena. A subpoena may specify the form or forms in which electronically stored information is to be produced.
(c)Responding to a Subpoena; Objections; Production of Documents and Electronically Stored Information. —
(1)Production of Documents. A person responding to a subpoena to produce documents must produce them as they are kept in the usual course of business or must organize and label them to correspond with the categories in the demand.
(2)Electronically Stored Information.
(A)A person responding to a subpoena need not provide discovery of electronically stored information from sources the responder identifies as not reasonably accessible because of undue burden or cost. On motion to compel production or to quash a subpoena, the person from whom production is sought under the subpoena must show that the information sought is not reasonably accessible because of undue burden or cost. If that showing is made, the court may nonetheless order production of responsive material from such sources if the subpoenaing party shows good cause, considering the limitations of Rule 4:1(b)(1). The court may specify conditions for the production of such information, including allocation of the reasonable costs thereof.
(B)If a subpoena does not specify the form or forms for producing electronically stored information, a person responding thereto must produce the information as it is ordinarily maintained if it is reasonably usable in such form or forms, or must produce the information in another form or forms in which it is reasonably usable. A person responding to a subpoena need not produce the same electronically stored information in more than one form.
(3)Objections and Procedures. The court, upon written motion promptly made by the person so required to produce, or by the party against whom such production is sought, may (1) quash or modify the subpoena, or the method or form for production of electronically stored information, if the subpoena would otherwise be unduly burdensome or expensive, (2) condition denial of the motion to quash or modify upon the advancement by the party in whose behalf the subpoena is issued of some or all of the reasonable cost of producing the documents, electronically stored information, and tangible things so designated and described or (3) direct that the documents and tangible things subpoenaed, including electronically stored information (unless another location for production is agreed upon by the requesting and producing parties), be returned only to the office of the clerk of the court through which such documents and tangible things
are subpoenaed in which event, upon request of any party in interest, or his attorney, the clerk of such court must permit the withdrawal of such documents and tangible things by such party or his attorney for such reasonable period of time as will permit his inspection, photographing, or copying thereof. If the subpoena duces tecum seeks a nonparty’s financial records or a nonparty’s records protected by the attorney-client privilege, such nonparty may move to quash or modify the subpoena, and for such other relief permitted by this subsection, in accordance with Code § 8.01-420.9.
(4)Pre-Motion Negotiation. A motion under this Rule must be accompanied by a certification that the movant has in good faith conferred or attempted to confer with other affected parties in an effort to resolve the dispute without court action.
(d)Certain Officials. — No request to produce made pursuant to paragraph (b) above may be served, and no subpoena provided for in paragraph (c) above may issue, until prior order of the court is obtained when the party upon whom the request is to be served or the person to whom the subpoena is to be directed is the Governor, Lieutenant Governor, or Attorney General of this Commonwealth, or a judge of any court thereof; the President or Vice President of the United States; any member of the President's Cabinet; any Ambassador or Consul; or any Military Officer on active duty holding the rank of Admiral or General.
(e)Certain Health Records. Patient health records protected by the privacy provisions of Code Section 32.1-127.1:03 may be disclosed only in accordance with the provisions and procedures prescribed by that statute.
(f)Copies of Documents and Other Subpoenaed Information. —
(1)Documents. When one party to a civil proceeding subpoenas documents, the subpoenaing party, upon receipt of the subpoenaed documents, must, if requested, provide true and full copies of the same to any party or to the attorney for any other party in accordance with Code § 8.01-417(B).
(2)Electronically stored information. When one party to a civil proceeding subpoenas and obtains electronically stored information, the subpoenaing party must, if requested, provide true and full copies of the same to any party or that party's attorney, in the form the subpoenaing party received the information, upon reimbursement of the proportionate cost of obtaining such materials.
(g)Proceedings on Failure or Refusal to Comply. — If a non-party, after being served with a subpoena issued under the provisions of this Rule, fails or refuses to comply therewith, he may be proceeded against as for contempt of court as provided in § 18.2-456.
Plain-English Summary
While Rule 4:9 reaches documents and things a party controls, Rule 4:9A reaches the same kind of material when it sits with someone outside the lawsuit — a subpoena duces tecum directed at a non-party. The clerk of court issues one on written request from counsel of record or a self-represented party, certified as served on everyone else. An active member of the Virginia State Bar may also issue one directly as an officer of the court, following specific formatting and notice requirements; if the response deadline on an attorney-issued subpoena is under 14 days, the recipient may object in writing, and the issuing party must then move to compel rather than insist on compliance.
The subpoena commands production of documents, electronically stored information, or tangible things within the scope of Rule 4:1(b), and may specify the form for producing ESI. The person served produces documents as they are kept or organized by category, and ESI accessibility, form, and cost disputes follow standards that mirror Rule 4:1(b)(7). On motion, the court may quash or modify an unduly burdensome or expensive subpoena, condition its enforcement on the requesting party advancing some or all of the production costs, or route sensitive material through the clerk’s office rather than directly between the parties; a non-party whose financial records or privileged records are sought gets its own avenue to move to quash or modify under Code § 8.01-420.9.
Certain high officials — the Governor, Lieutenant Governor, Attorney General, judges, the President and Vice President, Cabinet members, ambassadors and consuls, and senior military officers — cannot be subpoenaed under this rule without a prior court order, and certain patient health records are governed instead by the privacy statute that protects them. When a party obtains documents or ESI by subpoena, it must, on request, provide true copies to the other parties, with the cost of ESI copies shared proportionately. A non-party who ignores a validly issued subpoena can be proceeded against for contempt.
Frequently Asked Questions
What is a subpoena duces tecum in Virginia, and how is it different from a Rule 4:9 request?
It is the tool for getting documents, electronically stored information, or things from someone who is not a party to the case, under Rule 4:9A; Rule 4:9 covers the same kinds of material but only when a party, not a non-party, controls it.
Who can issue a subpoena duces tecum in a Virginia civil case?
The clerk of court, on written request from counsel of record or a self-represented party, or an active member of the Virginia State Bar acting as an officer of the court, following the format and notice requirements of Rule 4:9A(a)(2).
Can a non-party object to a subpoena duces tecum in Virginia?
Yes. If an attorney-issued subpoena gives less than 14 days to comply, the recipient may serve a written objection, after which the issuing party must move to compel rather than demand compliance directly (Rule 4:9A(a)(2)). A non-party may also move to quash or modify under Rule 4:9A(c)(3).
Are there special protections for a non-party’s financial or privileged records?
Yes. Rule 4:9A(c)(3) lets a non-party whose financial records or attorney-client privileged records are sought move for a protective order or to quash or modify the subpoena, consistent with Code § 8.01-420.9.
Can you subpoena the Governor or a judge for documents under Rule 4:9A?
Not without a prior court order. Rule 4:9A(d) requires court approval before serving a request or subpoena on a list of high officials that includes the Governor, Lieutenant Governor, Attorney General, judges, and senior federal officials.
Amendment History
Last amended by Order dated June 18, 2025; effective July 1, 2025.
Source & verification. Rule text and amendment history are
reproduced verbatim from the Rules of Supreme Court of Virginia, published by the
Supreme Court of Virginia. Last verified July 16, 2026.
· Official source
Also known as:subpoena duces tecum virginiathird party document subpoena virginianon-party document subpoena virginiaattorney-issued subpoena virginiavirginia rule 4:9A