HB 2565

Abstract

Subpoenas duces tecum; financial records of nonparty; report. Authorizes a nonparty to a civil proceeding to file a motion to quash or modify a subpoena duces tecum issued by a party to such proceeding for the production of (i) financial records of a nonparty account holder or (ii) if such nonparty is an attorney, such attorney's records subject to attorney-client privilege. The bill also prohibits certain financial entities from conditioning the compliance with a subpoena for production of financial records upon the payment of fees for producing such records. The bill directs the Supreme Court of Virginia to amend its rules as necessary to be consistent with the provisions of the bill. Finally, the bill directs the Boyd-Graves Conference to study whether the Code of Virginia should be amended further to grant standing to other nonparties to file a motion to quash or modify a subpoena duces tecum for other types of records requested by a party in a civil proceeding and to submit the findings of such study to the Chairmen of the Senate and House Committees for Courts of Justice by November 1, 2025. This bill is identical to SB 1010.

An Act to amend the Code of Virginia by adding in Article 9 of Chapter 14 of Title 8.01 a section numbered 8.01-420.9, relating to subpoenas duces tecum; financial records of nonparty.