Rule 8:13.Requests for Subpoenas for Witnesses and Records.

Part Eight: Juvenile and Domestic Relations District Courts · Last amended 2021 · Last verified July 16, 2026

In one sentenceRule 8:13 sets filing deadlines for subpoena requests — ten days for witnesses, fifteen for subpoenas duces tecum — defines when a request is filed, and excludes attorney-issued subpoenas in civil cases.

Full Text of Rule 8:13

Text sizeJump to: (a) (b) (c) (d) (e)

A court may authorize the use of electronic or photographic means for the preservation of the record or parts thereof.

(a) Subpoenas for Witnesses.

(1) Requests for subpoenas for witnesses should be filed at least ten days prior to hearing.

(2) Requests for subpoenas for witnesses not timely filed should not be honored except when authorized by the court for good cause.

(b) Subpoenas Duces Tecum.

(1) Requests for subpoenas duces tecum should be filed at least 15 days prior to hearing.

(2) Requests for subpoenas duces tecum not timely filed should not be honored except when authorized by a judge for good cause.

(c) Meaning of Filed. The term "filed" as used in this Rule means received in the appropriate clerk's office or by an appropriate magistrate.

(d) Copies of Requests for Subpoenas Duces Tecum. All requests for subpoenas duces tecum must be served on each counsel of record by delivering, dispatching by commercial delivery service, transmitting by facsimile or mailing a copy to each on or before the day of filing. At the foot of such requests must be appended either acceptance of service or a certificate that copies were served as this Rule requires, showing the date of delivery, dispatching, transmitting or mailing.

(e) Exception. This Rule does not apply to subpoenas for witnesses and subpoenas duces tecum issued by attorneys in civil cases as authorized by Virginia Code §§ 8.01-407 and 16.1-265.

End

Plain-English Summary

Requests for subpoenas for witnesses should be filed at least ten days before the hearing; requests for subpoenas duces tecum at least fifteen days before. A request that is not timely filed should not be honoured — except when authorised for good cause, by the court in the case of witness subpoenas and by a judge in the case of subpoenas duces tecum.

"Filed" is defined so the deadline can be applied: it means received in the appropriate clerk’s office or by an appropriate magistrate. Requests for subpoenas duces tecum must also be served on each counsel of record by delivery, commercial delivery service, facsimile or mail on or before the day of filing, with acceptance of service or a certificate showing the date appended at the foot.

The rule then steps back from a whole category: it does not apply to subpoenas for witnesses or subpoenas duces tecum issued by attorneys in civil cases under Code §§ 8.01-407 and 16.1-265. Note that in the official compilation this rule opens with a sentence identical to the whole of Rule 8:12, about electronic or photographic preservation of the record; that sentence is reproduced here as printed.

Frequently Asked Questions

How far in advance must a subpoena request be filed?

At least ten days before the hearing for witness subpoenas, and at least fifteen days before for subpoenas duces tecum.

What happens if a request is filed late?

It should not be honored, except when authorized for good cause — by the court for witness subpoenas, and by a judge for subpoenas duces tecum.

What does "filed" mean under this rule?

Received in the appropriate clerk’s office or by an appropriate magistrate.

Must a subpoena duces tecum request be served on other counsel?

Yes. All requests must be served on each counsel of record by delivery, commercial delivery service, facsimile or mail on or before the day of filing, with acceptance of service or a certificate showing the date appended at the foot.

Does the rule apply to attorney-issued subpoenas?

No. It does not apply to subpoenas for witnesses and subpoenas duces tecum issued by attorneys in civil cases as authorized by Code §§ 8.01-407 and 16.1-265.

Amendment History

Last amended by Order dated November 23, 2020; effective March 1, 2021.

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

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