Circuit Court Clerk's Office

Attorney issued subpoena and subpoena requests in felony or misdemeanor appeal cases should be delivered to the Circuit Court Clerk's Office, Room 310. A Request for Witness Subpoena must be provided. In order to allow adequate time for the preparation of a subpoena, a lead-time of five days from the date of service is requested. There is no fee for issuance of witness subpoenas. The following information must be included in a request for a subpoena:

• Defendant's full name
• Circuit Court case number
• County in which witness is to be served
• Certificate of Service on opposing counsel

For a subpoena duces tecum a $5.00 fee must be remitted along with the request. Court appointed counsel are not required to pay a fee. In addition to the information above, a request for a subpoena duces tecum must contain the following:

• Name and address of person/place with custody of the records
• Specific description of the records that are being subpoenaed
• Date the records must be produced in the Clerk's Office (NOTE: These records must be made returnable to the Clerk's Office not an attorney's office)
• Certified statement that the records sought are material and necessary to the case and are not in possession of either party

NOTE: If a witness subpoena or subpoena duces tecum needs to be served on a person or an entity outside of Virginia, it cannot be issued by the Clerk's Office without an affidavit stating that the party being served has agreed to accept service. Otherwise, the requesting party should follow procedures for an Out of State Witness as provided in Virginia Code § 19.2-277 et seq.