Virginia Form CC-1439 is the circuit court form you use to domesticate an out-of-state subpoena so it can be served on a witness, document custodian, or premises in Virginia. Under Virginia’s Uniform Interstate Depositions and Discovery Act, Va. Code §§ 8.01-412.8 through 8.01-412.15, the process is administrative: you submit the form and supporting papers to the clerk, pay a modest fee, and the clerk issues a Virginia subpoena that mirrors your foreign one. No new lawsuit, no court appearance, no pro hac vice admission.1Virginia Code Commission. Virginia Code Title 8.01 – Chapter 14 Article 6.2 Uniform Interstate Depositions and Discovery Act The form runs three pages and is available on the Virginia Judicial System website or from any circuit court clerk.
What to Gather Before You File
The clerk will not process a bare form. Have these in hand:
- An original or certified copy of the foreign subpoena issued by the out-of-state court. Its terms are what the Virginia subpoena will incorporate.2Virginia Code Commission. Virginia Code 8.01-412.10 – Issuance of Subpoena
- A signed written statement confirming that the state where your case is pending extends similar discovery privileges to Virginia citizens. This reciprocity certification is a Virginia-specific condition of issuance, and the clerk will reject your filing without it. Any state that has enacted the UIDDA satisfies this standard; for a case from a non-UIDDA state, identify the comparable statute or rule that provides substantially similar out-of-state discovery mechanisms.2Virginia Code Commission. Virginia Code 8.01-412.10 – Issuance of Subpoena3Virginia Code Commission. Virginia Code Title 8.01 – Chapter 14 Article 6.2 Uniform Interstate Depositions and Discovery Act – Section: 8.01-412.14
- Names, addresses, and phone numbers for every attorney of record and every unrepresented party in the underlying case.4Virginia Code Commission. Virginia Code Title 8.01 – Chapter 14 Article 6.2 Uniform Interstate Depositions and Discovery Act – Section: 8.01-412.10
- A certificate of service showing you served the filing request on all counsel and unrepresented parties. Some circuit courts require this upfront under Supreme Court Rule 1:12. Call the specific clerk’s office to confirm.5Loudoun County, VA – Official Website. Service of Subpoenas
How to Fill Out the Form, Page by Page
Pages one and two get completed before filing. Page three is the return of service and is filled out later by whoever serves the witness.
Page One: Case and Subpoena Details
Leave the “File No.” field blank. The clerk assigns a Virginia case number when the filing is accepted. In the court-address block, enter the name and address of the Virginia circuit court in the county or city where the witness, documents, or premises are located.6Fairfax County Circuit Court. Subpoena/Subpoena Duces Tecum to Person Under Foreign Subpoena – Form CC-1439
In the “v. / In re:” caption, enter the party names exactly as they appear in the out-of-state case. Below that, write the witness’s full name and street address. The address establishes that the witness sits within the court’s reach, so make sure it is current and complete.
Three checkboxes tell the clerk what you are asking the witness to do:
- Attend and give testimony at a deposition.
- Produce books, documents, records, electronically stored information, or tangible things. If you check this, describe the categories of materials with specificity. Vague descriptions invite objections.
- Permit inspection of premises. Fill in the address, date, and time.
For production or inspection requests, enter the location, date, and time for compliance. At the bottom of page one, add the requesting party’s name, address, and phone number.6Fairfax County Circuit Court. Subpoena/Subpoena Duces Tecum to Person Under Foreign Subpoena – Form CC-1439
Page Two: Counsel List and Clerk Certification
The certification block at the top of page two is for the clerk. Leave it alone. Below it, the form provides four repeating blocks for attorney information: name, bar number, licensing state, office address, phone, and fax. Enter the requesting party’s attorney first, then every other attorney of record. If the case has more parties than the four blocks accommodate, check the box indicating an attached list and staple a sheet with the remaining names and contact details. Any party without counsel gets listed with a personal address and phone number.4Virginia Code Commission. Virginia Code Title 8.01 – Chapter 14 Article 6.2 Uniform Interstate Depositions and Discovery Act – Section: 8.01-412.10
Page Three: Leave It Blank
Page three is the return of service. The sheriff or process server completes it after serving the witness, recording the date, time, place, and method of delivery.6Fairfax County Circuit Court. Subpoena/Subpoena Duces Tecum to Person Under Foreign Subpoena – Form CC-1439 If a private process server handles delivery, the return must be made as a sworn affidavit under Va. Code § 8.01-325.7Virginia Code Commission. Virginia Code 8.01-325 – Return by Person Serving Process
Filing with the Circuit Court
Submit the completed CC-1439, the foreign subpoena, and the reciprocity statement to the Clerk of the Circuit Court in the Virginia county or city where discovery will take place. Most clerks accept filings in person or by mail. Virginia’s electronic filing system (VJEFS) is available to members of the Virginia State Bar and their designated staff for most civil filings; confirm with the clerk before relying on it for a foreign subpoena request.
Filing does not count as a court appearance in Virginia and does not require a separate civil action.8Fairfax County Circuit Court. Fairfax Circuit Court – Foreign Subpoena Instructions Out-of-state attorneys handle it without pro hac vice admission.
Fees
The clerk’s fee is small and varies by whether document production is involved. Fairfax County, as a reference, charges $31 for a subpoena without production and $36 for one with a duces tecum request.9Fairfax County Circuit Court. Fairfax Circuit Court Civil Filing Instructions and Fee Schedule Payment methods also vary; Fairfax accepts cash, certified checks, and money orders payable to the Clerk of the Circuit Court.8Fairfax County Circuit Court. Fairfax Circuit Court – Foreign Subpoena Instructions Call ahead to confirm the fee and payment options at your clerk’s office.
Once the fee is paid and the package accepted, the clerk issues a Virginia subpoena that incorporates the terms of your foreign one. From that point, it is a fully enforceable order of the circuit court.
Getting the Subpoena Served
The clerk hands the issued subpoena back to you. Delivery is your responsibility. Virginia law authorizes three categories of servers: a local sheriff within that sheriff’s jurisdiction, any person age 18 or older who is not a party and has no interest in the case, and a private process server meeting those same qualifications for a fee.10Virginia Code Commission. Virginia Code 8.01-293 – Authorization to Serve Process
Sheriff service is the simplest path. The statutory fee is $12 per person served.11Virginia Code Commission. Virginia Code 17.1-272 – Process and Service Fees Generally One timing limit: a sheriff is not required to serve a subpoena that reaches the office fewer than five business days before the appearance date.12Virginia Code Commission. Virginia Code Title 8.01 – Chapter 14 Article 5 Compelling Attendance of Witnesses Private process servers tend to be faster and more flexible but cost more. When a private server handles delivery, the return must be a sworn affidavit identifying the server’s qualifications, the date and manner of service, and the server’s name, address, and phone number. Use Virginia Form CC-1407 for that purpose.13Virginia Judicial System. Service Other Than By Virginia Sheriff – Form CC-1407
The practical minimum notice is five calendar days. A Virginia court can refuse to enforce any subpoena served fewer than five calendar days before the appearance or production date.12Virginia Code Commission. Virginia Code Title 8.01 – Chapter 14 Article 5 Compelling Attendance of Witnesses For a subpoena duces tecum where the compliance date falls less than 14 days after service, the recipient can serve written objections, which may stall production until the court resolves the dispute.
Whoever serves the subpoena must file a return of service with the clerk within 72 hours. If that deadline lands on a weekend or holiday, the return is due the next business day.7Virginia Code Commission. Virginia Code 8.01-325 – Return by Person Serving Process Without a properly filed return, enforcement becomes difficult if the witness ignores the subpoena.
What the Witness Can Do in Response
A subpoena domesticated through CC-1439 is governed by Virginia’s rules on subpoena compliance, not the rules of the state where the case started.14Virginia Code Commission. Virginia Code 8.01-412.12 – Deposition, Production, and Inspection The witness has the same tools as in any Virginia case.
A witness who considers the subpoena unreasonable, overly broad, or unduly burdensome can file a motion in the issuing Virginia circuit court to quash or modify it, or seek a protective order limiting the scope of production or the use of information produced.15Virginia Code Commission. Virginia Code 8.01-412.13 – Application to Court For document requests with a compliance date less than 14 days after service, the witness can serve written objections on grounds like relevance, privilege, or burden. Once objections are served, you must go to court to compel production before the witness has any obligation to turn anything over.
Witnesses are entitled to mileage reimbursement at the rate set by Va. Code § 2.2-2823, plus toll expenses.16Virginia Code Commission. Virginia Code 17.1-612 – Allowances to Other Witnesses
If the Witness Does Not Comply
Because the issued subpoena is an order of the Virginia circuit court, you can go back to that court for enforcement, including contempt proceedings. Courts have broad discretion in response. The common outcomes are an order compelling the witness to appear or produce, sometimes with an award of attorney’s fees to the moving party. Monetary sanctions are possible; imprisonment for civil contempt in this context is rare. The court typically holds a hearing to give the witness a chance to explain the noncompliance before imposing any sanction.