Subpoenas duces tecum; financial records of nonparty, report.
Summary
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 HB 2565.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2025
Committee Review
Feb 2025
Senate Passage
Mar 2025
House of Delegates Passage
Mar 2025
Signed into Law
Mar 2025
Introduced Jan 7, 2025
Signed Mar 21, 2025
Maddy AI version diff · 4 comparisons
What changed between versions
Courts of Justice Subcommittee Substitute
→
Chaptered
·
4 edits
MODERATE
This bill shifts the legal process for challenging subpoenas from a judge-led system to a self-filing motion system for specific sensitive records. It allows non-parties to directly file motions to quash subpoenas requesting their financial records or privileged information without first waiting for a judge to issue a subpoena. The change aims to protect privacy by enabling immediate legal challenges to requests for financial data held by third parties.
Scope change
The bill expands the scope of who can challenge a subpoena by allowing non-parties to file motions directly, whereas previously only the recipient could object after a judge issued the subpoena. It specifically targets financial records held by businesses and privileged records.
ELIGIBILITY
Non-parties can now file a motion to quash or modify a subpoena directly for their financial records or privileged records, rather than waiting for a judge to issue the subpoena first.
REQUIREMENT
Financial institutions and credit reporting agencies cannot charge fees to comply with a subpoena for financial records, but they may charge reasonable costs for searching and duplicating the records.
TIMELINE
A new study is ordered to be completed by November 1, 2025, to determine if other types of records should also be eligible for direct motion-to-quash procedures.
ENFORCEMENT
The bill requires the Supreme Court of Virginia to update its rules to align with these new procedures for challenging subpoenas.
Floor votes · Senate Jan 31, 2025 · House of Delegates Feb 19, 2025
How they voted
39–0
Passed · 1 other
Total votes 40
Jan 31, 2025
D
Democratic21
100% Yea
R
Republican19
94% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
49
Key actions
12
Committee
9
Mar 21, 2025
Signed into law
Approved by Governor-Chapter 300 (Effective 07/01/25)
executive
Mar 10, 2025
Upper · Passed
Signed by President
upper
Mar 7, 2025
Lower · Passed
Signed by Speaker
lower
Mar 7, 2025
Upper · Passed
Bill text as passed Senate and House (SB1010ER)
upper
Feb 21, 2025
Upper · Passed
Conference report agreed to by Senate (40-Y 0-N)
upper
Feb 21, 2025
Lower · Passed
Conference report agreed to by House (96-Y 0-N)
lower
Feb 21, 2025
Legislature · Passed
Amended by conference committee
legislature
Feb 20, 2025
Committee
House requested conference committee
lower
Feb 19, 2025
Lower · Passed
Passed House with substitute (97-Y 0-N)
lower
Feb 14, 2025
Lower · Passed
Reported from Courts of Justice with substitute (21-Y 0-N)
lower
Feb 7, 2025
Committee
Assigned Courts sub: Civil
lower
Feb 6, 2025
Committee
Referred to Committee for Courts of Justice
lower
Feb 3, 2025
Upper · Passed
Passed Senate (40-Y 0-N)
upper
Jan 31, 2025
Upper · Passed
Passed by for the day
upper
Jan 29, 2025
Upper · Passed
Reported from Courts of Justice with substitute (15-Y 0-N)
upper
Jan 7, 2025
Committee
Referred to Committee for Courts of Justice
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Scott Surovell
DDemocratic
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