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Service of Subpoenas

Attorney-Issued Subpoenas
Proper procedure for attorney-issued subpoenas is for the attorney to send the original subpoenas and a copy of the check or receipt directly to the sheriff. Copies of the subpoenas and the original check (made payable to "Clerk of Circuit Court") should be sent to the Clerk's office. 

An attorney-issued subpoena shall be on a form approved by the Supreme Court, signed by the attorney and shall include the attorney's address. The summons and any transmittal sheet shall be deemed to be a pleading to which the provisions of § 8.01-271.1 shall apply. 


A copy of the subpoena and, if served by a sheriff, all service of process fees, shall be mailed or delivered to the clerk's office of the court in which the case is pending, on the day of issuance by the attorney. 

  • Attorney-Issued Subpoena Duces Tecum § 16.1-89
  • Attorney Issued Witness Subpoena § 16.1-265

When an attorney-at-law transmits one or more attorney-issued subpoenas to a sheriff to be served in his jurisdiction, such subpoenas shall be accompanied by a transmittal sheet. The transmittal sheet, which may be in the form of a letter, shall contain for each subpoena: 

  • the person to be served;
  • the name of the city or county in which the subpoena is to be served, in parentheses;
  • the style of the case in which the subpoena was issued;
  • the court in which the case is pending; and
  • the amount of fees tendered or paid to each clerk in whose court the case is pending together with a photocopy of the payment instrument or clerk's receipt.

If copies of the same transmittal sheet are used to send subpoenas to more than one sheriff for service of process, then subpoenas shall be grouped by the jurisdiction in which they are to be served. For each person to be served, an original subpoena and copy thereof shall be included. 

Service through Clerk, State Corporation Commission
  • Three SCC forms SOP-19.1 per defendant, 1 original and 2 copies. 
  • Two copies of papers being served for each defendant
  • A check or money order for $30 per defendant, made payable to “State Corporation Commission”

Service through Secretary of Commonwealth (SOC)

  • Two affidavits (1 original and 1 copy, affidavit must have notary seal if going out-of-state)
  • One copy of papers being served (If it’s a couple, two separate sets of papers.)
  • One envelope addressed to the person/business being served, returnable to the plaintiff
  • One certified mail card (green) also addressed to the person/business being served, returnable to the plaintiff
  • Check or money order for $28.00 per person/business being served, payable to “Secretary of the Commonwealth”
  • If the plaintiff would like a copy of the affidavit returned from the SOC, include an additional copy of the affidavit and a self-addressed, stamped envelope.
    • Affidavit for Service of Process - Secretary of the Commonwealth

Service through Department of Motor Vehicles
  • Three copies of papers being served, per defendant.
  • Check or money order for $28.00 per person/business being served, payable to “Department of Motor Vehicles.”

Service through Sheriff’s Office

(Note the jurisdiction with your request) 
  • One copy of Complaint or Petition per defendant.
  • Two copies of any other documents per defendant. (Praecipe, Notice, Request for Admissions, Interrogatories, Production of Documents, etc.)
  • A check or money order for $12.00* per document served, payable to “Clerk of Circuit Court.” *except in Norfolk-make check payable to High Constable of Jurisdiction

Service through Private Process Server 

  • One copy of Complaint or Petition per defendant.
  • Two copies of any other documents per defendant.
    • Examples: Praecipe, Notice, Production of Documents, Motions, etc.
  • A Service fee is not collected for private process service.
  • Service address may be in-state or out-of-state.
  • Process Server must file a “return of service” in the court file prior to return date.
  • Provide a phone number for the Clerk to use to notify the Attorney, Pro-se litigant or PPS when the garnishment summons is ready for pick-up at the Clerk’s Office.

Requesting a Foreign Subpoena

Foreign Subpoenas are issued for cases originating outside of the Commonwealth of Virginia where service in Loudoun County is requested. For cases originating in Loudoun Circuit Court where service is desired outside of Virginia, you must request a Foreign Subpoena from the jurisdiction where it will be served.

You must provide: 

  • A written statement, signed by the requesting attorney, that the law of the foreign jurisdiction grants reciprocal privileges to citizens of the Commonwealth for taking discovery in the jurisdiction that issued the foreign subpoena. 
  • A certified copy of the original pleading in the underlying case (i.e., the original complaint or petition that opened the case).
  • A certificate that a copy of your request has been served, pursuant to Virginia Supreme Court Rule 1:12, upon counsel of record & to parties having no counsel, prior to or on the day of filing your request  

For a Subpoena Duces Tecum, you must complete and submit the following form 
CC-1439 Subpoena/Subpoena Duces Tecum and also provide a foreign subpoena from your jurisdiction that contains or is accompanied by: 
  • Who (Name & address of person being subpoenaed.) 
  • What (Records requested.) 
  • Where (Location where records are to be produced.) 
  • When (Exact date & time records are to be produced by.) 
  • Whether the person on whom the subpoena is served is required to appear with the objects to be produced. 
  • The names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
*Foreign Subpoena Duces Tecum filing fee is $34.00, service by Virginia sheriff is an additional $12.* 

For a Witness Subpoena, you must complete and submit the following form 
CC-1439 Subpoena/Subpoena Duces Tecum and also provide a foreign subpoena from your jurisdiction that contains or is accompanied by: 
  • Who (Name & address of person being subpoenaed.) 
  • Where (Location where person is to appear.) 
  • When (Exact date & time person is to appear.) 
  • The names, addresses, and telephone numbers of all counsel of record in the proceeding to which the subpoena relates and of any party not represented by counsel.
*Foreign Witness Subpoena filing fee is $29.00, service by Virginia sheriff is an additional $12.* 

You must submit an original and 2 copies of both the CC-1439 and the foreign subpoena.  Send your request with fees payable to Clerk of Circuit Court to: 
Send via U.S. Postal Service:
Clerk of the Circuit Court
Attn: Foreign Subpoena
P.O. Box 550
Leesburg, VA 20178
Send via FedEx, UPS, etc:
Clerk of the Circuit Court
Attn: Foreign Subpoena
18 East Market Street
Leesburg, VA 20176

The court will establish a miscellaneous case, assign a civil action case number and issue the subpoena.
Contact UsKimberly Walker
Civil Division Manager

Robert Sproul
Civil Division Supervisor


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Physical Address:
Clerk of the Circuit Court
Attn: Civil Division
18 East Market St.
Leesburg, VA 20176
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Clerk of the Circuit Court
Attn: Civil Division
P.O. Box 550
Leesburg, VA 20178




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