E.D. Va. Local Civil Rule 45

(A) Issuance of Subpoenas: Attorneys of record in an action, or associates in firms of record, as officers

of the Court, shall issue all subpoenas in the action as authorized by Fed. R. Civ. P. 45(a)(3).

Parties appearing pro se may apply for subpoenas in their own behalf. All such requests by such party

must be accompanied by a memorandum setting forth the names and addresses of witnesses or the

documents requested and why and for what purpose or purposes. All such requests by pro se parties shall

be referred to a judge or magistrate judge of this Court who shall first determine whether the requested

subpoena shall issue; provided, however, that such determination shall not preclude any witness or person

summoned or other interested party from later contesting the subpoena.

(B) Return Date of Subpoenas: All subpoenas shall be made returnable to the place, date, and time of

trial or hearing, unless otherwise ordered by the Court.

(C) Proof of Service of Subpoenas: In civil actions, the party issuing a subpoena for a trial, a hearing, or

contempt proceedings, or when it is otherwise necessary to file proof of service, shall file proof of service

in the form required by Fed. R. Civ. P. 45(b)(4). Any such proof of service shall be filed promptly and, in

any event, within the time during which the person served must respond to the subpoena. Lawyers and

parties proceeding pro se shall file with the proof of service in civil actions a certificate that all required

witness fees and expenses were served with the subpoena requiring the attendance of the witness.

(D) Subpoenas to Officials: Without first obtaining permission of the Court, no subpoena shall issue for

the attendance at any hearing, trial, or deposition of: (1) the Governor, Lieutenant Governor, or Attorney

General of any State; (2) a judge of any court; (3) the President or Vice-President of the United States; (4)

any member of the President's Cabinet; (5) any Ambassador or Consul; or (6) any military officer holding

the rank of Admiral or General.

(E) Timely Service of Subpoenas for Trial or Hearings: Except as otherwise ordered by the Court for

good cause shown, subpoenas for attendance of witnesses at hearings or trials in civil actions shall be

served not later than fourteen (14) days before the date of the hearing or trial.

(F) Deposition Subpoenas: Proof of service of a notice to take depositions as provided in Fed. R. Civ. P.

30(b) and 31(b) constitutes sufficient authorization for the issuance of a subpoena by the Clerk for the

district in which the deposition is to be taken for the attendance of persons named or described therein.

Except as otherwise ordered by the Court for good cause shown, subpoenas compelling attendance at a

deposition shall be served not later than eleven (11) days before the date of the deposition. No subpoena

for the taking of depositions shall be issued by the Clerk unless there be exhibited to the Clerk a copy of

the notice to take deposition together with a statement of the date and manner of service and of the names

of the persons served, certified by the person who made service.

(G) Civil Actions – Place of Taking Deposition: Except with respect to a witness in a foreign country

(See 28 U.S.C. § 1783), the Clerk shall, upon request, issue a subpoena for taking a deposition requiring

the appearance of any party or witness at any place within the district or 100 miles from the place where

that person resides, is employed, or transacts business in person, or is served, or at such other convenient

place as is fixed by an order of court.

(H) Subpoenas in Blank: Whenever there is a question as to whether or not a subpoena in blank should

be issued by the Clerk, the applicant shall be referred to a judge of this Court for a final determination.

Before issuing a subpoena in blank, the Clerk shall determine the actual pendency of the action and the

date and time set for hearing or trial. Except for good cause shown, a blank subpoena returnable in one

division will not be issued out of another division. Blank subpoenas shall recite the title and number of

the case and shall be completed in every detail except for the name and address of the witness. Returns of

service shall be made promptly and filed with the Clerk. Service of subpoenas in blank shall be subject to

the requirements of these Local Rules.