Chapter 2 - 2.7 Subpoenas Duces Tecum

• Jurisdiction: Virginia

2.7 SUBPOENAS DUCES TECUM

2.701 Motion to Quash. Non-party custodians of records are subject to subpoenas duces tecum to produce materials at the direction of a party. The appropriate response to resist a subpoena duces tecum is promptly to file a motion to quash the subpoena and state any objection to compliance.

A. Standing. A frequent question is who has standing to bring a motion to quash? For instance, if the client's bank records are being subpoenaed, do they belong to the bank or to the customer? Some cases suggest that only the bank has standing to move to quash such a subpoena. Rule 4:9A(c)(3) states that either the person required to produce the materials or the party against whom the production is sought may timely move to modify or quash the subpoena.

B. Scope of Relief. The rule also delineates the relief that the court can grant. The court may quash a subpoena or modify its terms, may condition the custodian's response on the requesting party advancing the costs of production, or may direct that the material requested be made returnable...