In West Virginia, the foreign subpoena is submitted in the county where discovery is sought, and a clerk there promptly issues a subpoena for service. The Uniform Interstate Depositions and Discovery Act requires no local attorney. Served 123 LLC files and serves it on one quote.
What to Send Us
Every West Virginia Order Includes
Skip tracing is available if the address turns out to be bad.
Every West Virginia County
Served 123 LLC handles subpoena domestications in all 55 West Virginia counties. The county finder names the circuit clerk’s office for each county, and the directory lists each street address. Search it by town, city or ZIP code. The offices run from Wheeling and Martinsburg in the north to Princeton and Welch in the south.
Documents Subpoena
A person asked only for documents need not appear in person unless also commanded to, Rule 45(d)(2)(A), and a hospital may answer with a sealed copy of a patient’s care or treatment records, W. Va. Code §§ 57-5-4b, -4c. Your written quote confirms the path and the dates, before you pay.
West Virginia Subpoena Domestication Order
One written quote covers document preparation, any issuer’s or clerk’s fee and service if ordered.
The table sets each point of the route beside its code section or rule, and the steps below follow the work in order, from the papers you send to the signed proof.
| Point | West Virginia | Statute or Rule |
|---|---|---|
| Law | A statute: the Uniform Interstate Depositions and Discovery Act, 2016 Senate Bill 107 | § 56-12-1 |
| Venue | A clerk of court in the county where discovery is sought | § 56-12-3(a) |
| Who Issues | The clerk, promptly, in accordance with that court’s procedure | § 56-12-3(b) |
| Local Attorney | Not required by the Act; the request is not an appearance | § 56-12-3(a) |
| What Goes In | The foreign subpoena; the West Virginia one carries its terms and every counsel’s contacts | § 56-12-3(c) |
| Rules That Apply | The West Virginia Rules of Civil Procedure, revised effective January 1, 2025 | § 56-12-5 |
| Contents | Court, caption, command, recording method and the Rule 45(d) and (e) text | Rule 45(a)(1) |
| Service | Any non-party 18 or older, by personal delivery, anywhere in West Virginia | Rule 45(b)(1), (2) |
| Witness Fee | One day’s fees and mileage, tendered if the witness demands them | Rule 45(b)(1) |
| Proof | A statement certified by the server, filed with the issuing court when needed | Rule 45(b)(3) |
| Objections | Before the earlier of the compliance time or 14 days after service | Rule 45(d)(2)(B) |
| Motions | The court in the county where discovery is conducted | § 56-12-6 |
Your subpoena comes to us with all of its attachments, the witness, your dates and the counsel list, and your written quote confirms the steps before you pay.
We prepare the West Virginia subpoena with the foreign terms, the Rule 45 contents and every counsel’s name, address and phone.
A clerk of court in the county where discovery will take place issues the West Virginia subpoena under that court’s procedure.
Your side serves each party with notice and a copy of a documents subpoena before service, or written notice of a deposition.
Our server, a non-party adult, delivers the subpoena to the witness in person and tenders the day’s fees and mileage if demanded.
The server’s certified statement of the date, manner and persons served comes back to you signed.
A person commanded to produce or to allow an inspection may serve a written objection under W. Va. R. Civ. P. 45(d)(2)(B), and “The objection shall be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.” Under Rule 6(a), the day of service is left out, every day counts, and a last day on a Saturday, Sunday or legal holiday runs to the next day that is none of those.
If the subpoena sets compliance sooner than 14 days after service, the objection is due before that time, W. Va. R. Civ. P. 45(d)(2)(B).
A planning aid, not legal advice. It does not add the three days given after service by mail, or see a holiday the Governor or the President declares later, a special election or a court order setting another time. If a date is close, ask counsel.
West Virginia enacted the Uniform Interstate Depositions and Discovery Act in 2016 as Article 12 of Chapter 56. The quotations below are § 56-12-3: where the request goes, who issues and what the West Virginia subpoena must carry.
To request issuance of a subpoena under this section, a party must submit a foreign subpoena to a clerk of court in the county in which discovery is sought to be conducted in this state. A request for the issuance of a subpoena under this act does not constitute an appearance in the courts of this state.
Served 123 LLC prepares the West Virginia subpoena and handles the filing.
Get a Free Quote Online →When a party submits a foreign subpoena to a clerk of court in this state, the clerk, in accordance with that court’s procedure, shall promptly issue a subpoena for service upon the person to which the foreign subpoena is directed.
A subpoena under subsection (b) of this section must: (1) Incorporate the terms used in the foreign subpoena; and (2) Contain or be accompanied by 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.
Official texts: W. Va. Code § 56-12-1, § 56-12-2, § 56-12-3, § 56-12-4, § 56-12-5, § 56-12-6 (2016 SB 107), §§ 57-5-4b, -4c, -4d, -4e and -4g, § 27-3-1, § 2-2-1, § 3-1-31 and § 3-5-1; W. Va. R. Civ. P. Rule 4, Rule 6, Rule 26, Rule 28, Rule 30 and Rule 45; W. Va. R. Evid. Rule 902; W. Va. Trial Court Rules 1.01 and 1.03; 45 C.F.R. § 164.512. General information, not legal advice. The official text controls.
Served 123 LLC prepares the papers under the Act, and your written quote confirms the steps, before you pay.
Get a Free Quote Online →These cards set out who may serve, how and where, the notice owed to the other side, the deposition details, a company witness, the proof, where the witness attends and where a motion goes. For a summons or other court papers, see process service in West Virginia.
Section 56-12-4 reads: “A subpoena issued by a clerk of court under section three of this article must be served in compliance with West Virginia Rules of Civil Procedure.” Under Rule 45(b)(1), “A subpoena may be served by any person who is not a party and is not less than 18 years of age.”
W. Va. Code § 56-12-4; W. Va. R. Civ. P. 45(b)(1)Rule 45(a)(1)(B) reads: “A subpoena commanding attendance at a deposition shall state the method for recording the testimony.” The recording method goes on the West Virginia subpoena itself, beside the terms carried over from the foreign one.
W. Va. R. Civ. P. 45(a)(1)(B)Rule 45(b)(1) reads: “Service of a subpoena upon a person named therein shall be made in the same manner provided for service of process under Rule 4(d)(1)(A) and by tendering to that person if demanded the fees for one day’s attendance and the mileage allowed by law.” Rule 4(d)(1)(A) is “Personal delivery”.
W. Va. R. Civ. P. 45(b)(1), 4(d)(1)(A)Section 56-12-6 reads: “An application to the court for a protective order or to enforce, quash, or modify a subpoena issued by a clerk of court under section three of this article must comply with the rules or statutes of this state and be submitted to the court in the county in which discovery is to be conducted.”
W. Va. Code § 56-12-6Rule 45(b)(2) reads: “A subpoena may be served at any place within the State of West Virginia.” The discovery county decides which clerk issues it under § 56-12-3(a); it does not limit where the server may find the witness.
W. Va. R. Civ. P. 45(b)(2); W. Va. Code § 56-12-3(a)Under Rule 28(a)(1), “a deposition shall be taken before: (A) an officer authorized to administer oaths either by federal law or of this State or by the law in the place of examination; or” before another person the rule names.
W. Va. R. Civ. P. 28(a)(1)(A)Rule 45(b)(3) reads: “Proving service, when necessary, requires filing with the issuing court a statement showing the date and manner of service and the names of the persons served. The statement shall be certified by the server.”
W. Va. R. Civ. P. 45(b)(3)Rule 45(c) reads: “A deponent may be required to attend an examination only in the county in which the deponent resides or is employed or transacts business in person, or at such other convenient place as is fixed by an order of court.”
W. Va. R. Civ. P. 45(c)Rule 45(a)(4) reads: “If the subpoena commands the production of documents, electronically stored information, or tangible things or the inspection of premises before trial, then before it is served on the person to whom it is directed, a notice and a copy of the subpoena shall be served on each party.” Rule 45(b)(1) adds that this notice goes out “in the manner prescribed by Rule 5(b).”
W. Va. R. Civ. P. 45(a)(4), (b)(1)Rule 30(b)(6) reads: “In its notice or subpoena, a party may name as the deponent a public or private corporation, a partnership, an association, a governmental agency, or other entity and shall describe with reasonable particularity the matters for examination.” And: “A subpoena shall advise a nonparty organization of its duty to make this designation and to confer with the serving party.”
W. Va. R. Civ. P. 30(b)(6)Rule 30(b)(4) reads: “Any deposition may be taken by telephone, videoconference, or other remote means.” Then: “The party taking a deposition by remote means is responsible for ensuring that the witness has the appropriate technology to participate.” For a non-party, “the party taking the deposition bears the cost of providing the appropriate technology.”
W. Va. R. Civ. P. 30(b)(4)Under Rule 30(b)(2), “If a subpoena duces tecum is to be served on the deponent, the materials designated for production, as set out in the subpoena, shall be listed in the notice or in an attachment.” That notice is the one Rule 30(b)(1) owes before any oral deposition: “reasonable written notice to every other party”, stating “the time and place of the deposition”.
W. Va. R. Civ. P. 30(b)(1), (2)Served 123 LLC handles the service, any tender the witness demands and the signed proof of service.
Get a Free Quote Online →These cards cover a request for documents alone, the objection date and what an objection changes, a custodian’s certification, the grounds to quash, burden and expense, how records are produced, privilege claims, the hospital envelope rules, mental health records and the federal privacy rule.
Rule 45(d)(2)(A) reads: “A person commanded to produce documents, electronically stored information, or tangible things, or to permit the inspection of premises, need not appear in person at the place of production or inspection unless also commanded to appear for a deposition, hearing, or trial.”
W. Va. R. Civ. P. 45(d)(2)(A)Rule 45(d)(1) reads: “A party or attorney responsible for issuing and serving a subpoena shall take reasonable steps to avoid imposing undue burden or expense on a person subject to the subpoena.” A breach can bring “an appropriate sanction, which may include, but is not limited to, lost earnings and a reasonable attorney fees.”
W. Va. R. Civ. P. 45(d)(1)Under Rule 45(d)(2)(B), a person commanded to produce or permit inspection may serve a written objection, and “The objection shall be served before the earlier of the time specified for compliance or 14 days after the subpoena is served.” Once it is served, “the party serving the subpoena shall not be entitled to inspect and copy the materials or inspect the premises except pursuant to an order of the court by which the subpoena was issued”.
W. Va. R. Civ. P. 45(d)(2)(B)Rule 902 of the West Virginia Rules of Evidence lists records for which “Extrinsic evidence of authenticity as a condition precedent to admissibility is not required”. Item (11) covers “The original or a copy of a domestic record that meets the requirements of Rule 803(6)(A)-(C), as shown by a certification of the custodian or another qualified person that complies with a state statute or a rule prescribed by the Supreme Court.”
W. Va. R. Evid. 902(11)Rule 45(d)(3)(A) reads: “On timely motion, the court on behalf of which the subpoena was issued shall quash or modify a subpoena that: (i) fails to allow a reasonable time to comply;” The list closes with one that “(iii) requires disclosure of privileged or other protected matter, if no exception or waiver applies; or (iv) subjects a person to undue burden.”
W. Va. R. Civ. P. 45(d)(3)(A)Rule 45(e)(1)(A) reads: “A person responding to a subpoena to produce documents shall produce them as they are kept in the ordinary course of business or shall organize and label them to correspond to the categories in the demand.” With no electronic form named, the person produces it “in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.”
W. Va. R. Civ. P. 45(e)(1)(A), (B)Under Rule 45(e)(2)(A), “A person withholding subpoenaed information under a claim that it is privileged or subject to protection as trial-preparation material shall: (i) expressly make the claim; and (ii) describe the nature of the withheld documents, electronically stored information, communications, or tangible things in a manner that, without revealing information itself privileged or protected, will enable the parties to assess the claim.”
W. Va. R. Civ. P. 45(e)(2)(A)45 C.F.R. § 164.512(e)(1)(ii) also allows disclosing health records on a subpoena with no court order when “The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iv) of this section, from the party seeking the information that reasonable efforts have been made by such party to secure a qualified protective order that meets the requirements of paragraph (e)(1)(v) of this section.”
45 C.F.R. § 164.512(e)(1)(ii)(B)Section 57-5-4b applies “when a subpoena duces tecum is served upon a custodian of records of any hospital duly licensed under the laws of this state in an action or proceeding in which the hospital is neither a party nor the place where any cause of action is alleged to have arisen and such subpoena requires the production of all or any part of the records of the hospital relating to the care or treatment of a patient in such hospital”. Under § 57-5-4c, “The copy of the records shall be separately enclosed in an inner-envelope or wrapper, sealed”.
W. Va. Code §§ 57-5-4b, 57-5-4cSection 27-3-1(b) reads: “Confidential information shall not be disclosed, except:” One exception is “Pursuant to an order of any court based upon a finding that the information is sufficiently relevant to a proceeding before the court to outweigh the importance of maintaining the confidentiality established by this section;” Another is “Pursuant to and as provided for under the federal privacy rule of the Health Insurance Portability and Accountability Act of 1996 in 45 CFR §164”.
W. Va. Code § 27-3-1(b)(3), (6)Section 57-5-4d reads: “Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing”. Before opening, “the judge, court, officer, body or tribunal shall first ascertain that either (1) the records have been subpoenaed at the insistance of the patient involved or his counsel of record, or (2) the patient involved or someone authorized in his behalf to do so for him has consented thereto and waived any privilege of confidence involved.”
W. Va. Code § 57-5-4d45 C.F.R. § 164.512(e)(1)(ii) covers disclosure “In response to a subpoena, discovery request, or other lawful process, that is not accompanied by an order of a court or administrative tribunal”. A condition that allows it: “The covered entity receives satisfactory assurance, as described in paragraph (e)(1)(iii) of this section, from the party seeking the information that reasonable efforts have been made by such party to ensure that the individual who is the subject of the protected health information that has been requested has been given notice of the request”.
45 C.F.R. § 164.512(e)(1)(ii)(A)For a records request, we prepare the papers under the rules, and your written quote confirms the steps, before you pay.
Get a Free Quote Online →Each of these points comes from the West Virginia Code or the civil rules. Most come from the venue, the subpoena’s contents or the service rules.
Before service, we compare the papers we prepare with the rules and raise anything that needs your input.
Type a town, city or ZIP code to find the county, and the finder names that county’s circuit clerk’s office.
The West Virginia Judiciary, Court Information by County lists each circuit clerk by county.
A witness may live just across a state line, and each state runs its own route. Each “No” rests on that state’s own text; “Check” means confirm that state’s filing rules for an out-of-state requester.
| State | Act Adopted | Local Attorney Required by the Act | Who Issues |
|---|---|---|---|
| West Virginia | W. Va. Code § 56-12-1 et seq. (2016 SB 107) | Check | Clerk of court, discovery county |
| Maryland | Md. Code, Cts. & Jud. Proc. Title 9, Subtitle 4, with Rules 2-510.1 and 2-422.1 | No | Circuit court clerk, discovery county |
| Pennsylvania | 42 Pa.C.S. §§ 5331-5337 (Act 183 of 2012) | No | Prothonotary where the witness resides, works or does business |
| Virginia | Va. Code §§ 8.01-412.8 to 8.01-412.15 (2009, c. 701) | No | Circuit court clerk, discovery circuit |
| Kentucky | KRS 421.360 (eff. July 15, 2008) | No | Circuit Court clerk under the Act; Clerks’ Manual: District Judge for a deposition witness |
| Ohio | R.C. 2319.09 (S.B. 171, eff. Sept. 14, 2016) | No | Clerk of court, discovery county |
Each answer cites a West Virginia code section or rule. For questions that apply in every state, see our Subpoena Domestication FAQ. General information, not legal advice.
Since mid-2016. The Legislature passed Senate Bill 107 on March 12, 2016, effective 90 days after passage, and it now sits in Chapter 56, Article 12 of the Code, § 56-12-1. Under § 56-12-3(b) the request goes to a clerk, who issues the West Virginia subpoena under that court’s own procedure. See the Act, clause by clause.
No. Section 56-12-3(a) treats the request for issuance as something other than an appearance, so asking for the subpoena does not, alone, bring the requesting side before the court. A later fight is different: a motion to quash, modify or enforce goes under § 56-12-6 and follows West Virginia rules or statutes. See the appearance card.
Closely. Section 56-12-3(c)(1) has the West Virginia subpoena take in the terms used in the foreign subpoena, so the dates, the witness and the items demanded stay as the issuing court wrote them. The contents Rule 45(a)(1)(A) asks of every West Virginia subpoena sit beside those carried-over terms, not in place of them. See the clauses.
A clerk in Kanawha County, where the inspection happens. Section 56-12-3(a) ties the request to the county where discovery is sought, not the witness’s home county or the county of the lawsuit. The witness can still be served in Monongalia County, because Rule 45(b)(2) allows service at any place in the state. See the county finder.
The revised edition, effective January 1, 2025. Section 56-12-5 brings the Rules of Civil Procedure into every subpoena issued under the Act, so revised Rule 45 sets the contents, service and objections. Under the Trial Court Rules, a local rule of a single circuit cannot change that statewide text in any of the 55 counties. See the rules cards.
No. Rule 45(b)(1), which § 56-12-4 applies to a clerk-issued subpoena, limits service to a non-party at least 18 years old. Delivery follows Rule 4(d)(1)(A), personal delivery, and Rule 45(b)(2) lets the server reach the witness anywhere in West Virginia. Our servers meet that test. See the server card.
Yes. Rule 45(b)(1) pairs service with a tender of one day’s attendance fees and the mileage allowed by law, but only if the witness demands it. The rule itself names no dollar figure. Your written quote covers how a demanded tender is handled when the papers are delivered to the witness. See the tender card.
One certified statement, Rule 45(b)(3). It records when and how the witness was served and who received the papers, and the server certifies it. Filing with the issuing court happens only if proof is needed. When you order service from us, that statement comes back to you signed and ready. See the proof card.
Every party to the case. Rule 45(a)(4) puts notice and a copy in each party’s hands before the person commanded is served, and Rule 45(b)(1) routes that notice through Rule 5(b). For a deposition, Rule 30(b)(1) instead asks for reasonable written notice of the time and place. Your side sends these notices. See the notice card.
The notice or subpoena names the organization and lists the topics with reasonable particularity, Rule 30(b)(6). The organization then designates who testifies for it. A nonparty organization must be told of that duty in the subpoena, and of its duty to confer with the serving party, so the text belongs on the West Virginia papers. See the company card.
By motion. At any time, on notice to the person commanded, the serving side may ask the issuing court for an order compelling production or inspection, Rule 45(d)(2)(B)(i). Under clause (ii), that order directs what is done and must protect “a person who is neither a party nor a party’s officer from significant expense resulting from compliance.” See the objection card.
Not without a court order, unless the deponent works or transacts business in person there. Rule 45(c) limits attendance to the county where the deponent resides, is employed or transacts business in person, or a convenient place a court fixes. A subpoena demanding more must be quashed or modified on timely motion, Rule 45(d)(3)(A)(ii). See the attendance card.
Not the court that issued the foreign subpoena. Section 56-12-6 sends a motion to quash, modify or enforce, or for a protective order, to the court in the county where discovery is to be conducted. A protective order motion also carries a certification that the movant conferred, or tried to confer, in good faith with other affected parties, Rule 26(c)(1). See the motions card.
The one Chapter 57, Article 5 of the Code supplies, word for word: “The procedure authorized pursuant to section four-b of this article will not be deemed sufficient compliance with this subpoena.” Without that clause, a non-party hospital sends a sealed copy to the officer before whom the deposition is to be taken, with the custodian’s affidavit the Code describes. See the hospital card.
An express claim and a description of what is withheld that lets the parties assess it without exposing the protected content, Rule 45(e)(2)(A). The same steps apply whether the claim is privilege or protection as trial-preparation material. See the privilege card.
No day count. Section 56-12-3(b) asks the clerk to act promptly, following that court’s procedure. What the requester controls is completeness: the foreign subpoena with its attachments, and a West Virginia subpoena listing every counsel of record and any unrepresented party with name, address and telephone, § 56-12-3(c)(2). See the issuance route.
One that still allows a reasonable time to comply. On timely motion, the court must quash or modify a subpoena that does not, Rule 45(d)(3)(A)(i). A short window also pulls the objection date in, since Rule 45(d)(2)(B) uses whichever comes first, the compliance time or day 14 after service. See the objection calculator.
Yes, in part. The rules push the cost onto the serving side. Rule 45(d)(1) requires reasonable steps to avoid undue burden or expense and allows sanctions that can include lost earnings and attorney fees. An order compelling production must protect a non-party from significant expense, and Rule 30(b)(4) assigns the technology cost of a non-party’s remote deposition to the party taking it. See the burden card.
Everything in one figure: preparing the West Virginia subpoena under § 56-12-3(c), any charge the issuing clerk applies, and service under Rule 45(b)(1) when you order it. The quote is written and comes before any payment, and it lists the steps the Act and the rules require for your county. See the route steps.
Yes, it can. Rule 6(a) treats as a legal holiday “any day on which a general, special or primary election is held in the State, or in the county in which the circuit court sits”, so a special election in that one county counts. A deadline landing there moves on to the next day that is not a weekend day or legal holiday. See the calculator.
One written quote covers document preparation, any issuer’s or clerk’s fee and service if ordered.
Questions? Call (800) 321-2377
Nearby States: Maryland · Pennsylvania · Virginia
