Question 1

How much does a witness get paid under a Virginia subpoena?

Accepted Answer

For travel, not for time. Section 17.1-612 of the Code of Virginia entitles a person attending as a witness under a summons to reimbursement for his daily mileage as prescribed in Section 2.2-2823, and expenses for the tolls. No statutory per-day attendance figure exists for an ordinary in-state civil witness. The Supreme Court of Virginia Chart of Allowances backs that up: its witness entry reads Mileage and Tolls Only. Figures of $100 a day that circulate online are the competency-expert court-appearance fee under Section 16.1-361, which is a different payment entirely.

Question 2

What mileage rate applies to a Virginia subpoena?

Accepted Answer

Section 2.2-2823 provides that if transportation is by private means, reimbursement shall be at the rate as specified in the current general appropriation act, so the Code deliberately points elsewhere rather than naming cents. The judiciary's published figure is $.76 per mile on the July 2026 Chart of Allowances. Section 2.2-2823(B) also says the mileage allowance covers all costs incident to maintaining and operating private transportation except storage and parking fees and turnpike, tunnel, ferry and bridge tolls, which is why tolls are reimbursed separately.

Question 3

Who can issue a subpoena in Virginia?

Accepted Answer

Several people can. The clerk of the court issues it where attendance is desired in a pending case, and Section 8.01-407 forbids the clerk from imposing time restrictions on a proper request up to and including the date of the proceeding. A notary or other officer taking a deposition may issue one at the attorney's instance. In a pending civil proceeding an attorney-at-law who is an active member of the Virginia State Bar may issue it as an officer of the court. Attorneys may not self-issue in habeas corpus, delinquency or abuse and neglect, civil forfeiture, or administrative license suspension matters.

Question 4

How far in advance must a Virginia subpoena be served?

Accepted Answer

Virginia runs two separate five-day clocks. A sheriff shall not be required to serve an attorney-issued subpoena that is not issued at least five business days prior to the date that attendance is desired. And when any subpoena is served less than five calendar days before appearance is required, the court may, after considering all of the circumstances, refuse to enforce the subpoena for lack of adequate notice. Business days and calendar days are counted differently, so calendar both. A judicial officer served inside five calendar days is a stricter case still: that subpoena has no legal force unless a judge issued it.

Question 5

Which Virginia court form do I use for a witness subpoena?

Accepted Answer

In district court you file form DC-325, Request for Witness Subpoena, listing each witness name, street address and telephone number. The clerk or magistrate then issues form DC-326, Subpoena for Witness. For documents the form is DC-336, Subpoena Duces Tecum. The DC-325 instructions say the request shall be filed at least ten days prior to trial under Supreme Court Rule 7:12, so the practical Virginia lead time for district court is ten days, not five. An attorney-issued summons must be on a form approved by the Supreme Court of Virginia.

Question 6

How long must a Virginia subpoena for medical records give the provider?

Accepted Answer

At least fifteen days. Section 8.01-413 provides that no subpoena duces tecum for health records shall set a return date by which the health care provider must comply earlier than 15 days from the date of the subpoena, except by order of a court or administrative agency for good cause shown, and a copy of any such order must accompany the subpoena. If no motion to quash is filed within 15 days of issuance, the requesting party certifies that the window has elapsed, and the provider then complies by the return date or five days after receiving the certification, whichever is later.

Question 7

Who pays a Virginia health care provider for copying subpoenaed records?

Accepted Answer

The requesting side does. Under Section 8.01-413 the party requesting the subpoena duces tecum, or the party on whose behalf an attorney-issued subpoena duces tecum was issued, is liable for the reasonable charges of the health care provider for the service of maintaining, retrieving, reviewing, preparing, copying and mailing the items produced. The provider may comply by timely mailing properly authenticated copies to the clerk who issued the subpoena, or in an attorney-issued case to the court where the action is pending, rather than sending originals.

Question 8

What happens if someone ignores a Virginia subpoena?

Accepted Answer

Section 8.01-407 states that failure to respond to any such summons shall be punishable by the court in which the proceeding is pending as for contempt. Note where the power sits: it is the court where the case is pending, which matters in Virginia because an attorney, a notary or a clerk in a different locality may have issued the paper. The same section also requires attorney-issued subpoenas sent to a sheriff to travel with a transmittal sheet naming the person to be served, the city or county of service, the style of the case, the court, and the fees tendered to each clerk.

Virginia Subpoena

Find out where you stand in Virginia

Introduction

Key Things to Know

Key decisions before you file

Customize your Subpoena Template with DocDraft

Virginia Requirements for Subpoena

No Statutory Per-Day Witness Fee

Mileage at the Appropriation Act Rate, Plus Tolls

Out-of-State Witness Needs a Materiality Certification

Virginia State Bar Attorney May Issue It

Two Five-Day Clocks

Health Records: 15-Day Return Date

Forms DC-325, DC-326 and DC-336

Contempt in the Pending Court, and the Transmittal Sheet

Frequently Asked Questions