Subpoena duces tecum; attorney of record may issue in any criminal case. (SB801)

Introduced By

Sen. Joe Morrissey (D-Richmond)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Subpoena duces tecum; attorney-issued subpoena duces tecum; criminal cases. Provides that in any criminal case a subpoena duces tecum may be issued by the attorney of record who is an active member of the Virginia State Bar at the time of issuance, as an officer of the court. The bill provides that any such subpoena duces tecum shall be on a form approved by the Executive Secretary of the Supreme Court of Virginia, signed by the attorney as if a pleading, shall include the attorney's address, and shall be mailed or delivered to the adverse party. The bill also provides that the law governing subpoenas duces tecum issued pursuant to Rule 3A:12(b) shall apply and provides a process for objection to such attorney-issued subpoenas. Read the Bill »


Bill Has Passed


01/08/2020Prefiled and ordered printed; offered 01/08/20 20101345D
01/08/2020Referred to Committee on the Judiciary
02/10/2020Committee substitute printed 20108087D-S1
02/10/2020Reported from Judiciary with substitute (8-Y 6-N) (see vote tally)
02/11/2020Read second time
02/11/2020Reading of substitute waived
02/11/2020Committee substitute agreed to 20108087D-S1
02/11/2020Engrossed by Senate - committee substitute SB801S1
02/11/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/11/2020Passed Senate (34-Y 5-N) (see vote tally)
02/14/2020Placed on Calendar
02/14/2020Read first time
02/14/2020Referred to Committee for Courts of Justice
02/18/2020Assigned Courts sub: Criminal
02/24/2020Subcommittee recommends reporting with substitute (7-Y 0-N)
02/28/2020Reported from Courts of Justice with substitute (21-Y 0-N) (see vote tally)
02/28/2020Committee substitute printed 20109034D-H1
03/03/2020Read second time
03/04/2020Read third time
03/04/2020Committee substitute agreed to 20109034D-H1
03/04/2020Engrossed by House - committee substitute SB801H1
03/04/2020Passed House with substitute BLOCK VOTE (98-Y 0-N)
03/04/2020VOTE: Block Vote Passage (98-Y 0-N) (see vote tally)
03/05/2020House substitute agreed to by Senate (37-Y 2-N) (see vote tally)
03/05/2020Title replaced 20109034D-H1
03/12/2020Bill text as passed Senate and House (SB801ER)
03/12/2020Signed by President
03/12/2020Signed by Speaker
03/17/2020Enrolled Bill Communicated to Governor on March 17, 2020
03/17/2020G Governor's Action Deadline 11:59 p.m., April 11, 2020
04/07/2020G Approved by Governor-Chapter 771 (effective 7/1/20)
04/07/2020G Acts of Assembly Chapter text (CHAP0771)