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Subpoena requests in felony or misdemeanor appeal cases should be delivered to the Circuit Court Clerk's Office.

Requirements

  • A letter specifying the request 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.
  • The following information must be included in a request for a subpoena:
    • Defendant's full name
    • Circuit Court case number
    • Certificate of service on opposing counsel

NOTE: Any subpoenas that should be served by a Sheriff in another county will be forwarded to that Sheriff by the Clerk's Office. For Sheriff's service fees in Virginia Beach, please send a separate check made payable to "Virginia Beach High Constable."

In addition to the above information, 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.)

Fees

  • Witness subpoena - there is no fee for issuance of a witness subpoena.
  • Subpoena duces tecum - there is a $5.00 clerk's fee which must be remitted along with the request.
  • Court appointed counsel are not required to pay a fee.