Service of Process & Issuance of Subpoenas

Service of Process

Service of Process is the formal delivery of a writ, summons, or other legal process to another party as required by law. It is generally issued at the initial filing of a civil action, unless the filing party requests no service. The opposing party or parties receive notice of the civil action by service of process, acceptance of service, order of publication, or certified mail (if it is an appeal from district court). Some cases require that service be made through the Secretary of the Commonwealth, State Corporation Commission or the Department of Motor Vehicles.

Service of process, with the exception of attorney-issued subpoenas, is prepared by the Clerk's Office, and delivered to or mailed to the appropriate Sheriff of the locality where the party (parties) to be served reside or to a private process service if requested.

Issuance of Subpoenas

If attendance is desired in a civil proceeding pending in a court or at a deposition in connection with such proceeding, a subpoena may be issued by an attorney who is an active member of the Virginia State Bar at the time of the issuance. An attorney may also issue a subpoena dues tecum. Any attorney-issued summons or subpoena is required to be on a form approved by the Supreme Court of Virginia, signed by the attorney, and include the attorney's address.