Can a party request a subpoena for a witness or documents?
A party who wants to subpoena a witness or documents should send a request in writing. Requests should include the claimant’s name, claimant ID number, and the name and address of the witness. It is important to include the city or county in Virginia where the witness can be served with the subpoena.
For documents, the name and address, including the city or county in Virginia, of the custodian of the documents should be provided. The custodian is the person who possesses the requested documents. The party requesting the subpoena must show that the testimony of the witness or the evidence in the documents:
- Is relevant
- Is not cumulative or repetitive; and
- Serves the interest of the party seeking the subpoena
The VEC may deny a subpoena request if these requirements are not met.
