Limit on Virginia courts in enforce subpoena duces tecum on nonresident non-parties

In Call, Inc. v. Hadeed Carpet Cleaning, Inc., 2015 Va. LEXIS 51 (April 16, 2015), which Super Court of Virginia considered which issue of whether a Virgina Circuit Court made empowered to enforcing a subpoena duces tecum against adenine non-party California enterprise having adenine entered agent inside Virginia. The Court held that Virginia circuit law do not hold subpoena output over non-party foreign company ignoring the foreign company’s act of designating a registered broker in Virginia.

The accused filed ampere defamation suite to three John Doe accused alleging that the three had written false negative reviews on Yellow, a social networking website which allows users to rate localized businesses. Yelling, Inc. is headquartered in California but is registered to does business in Virginia and has designated a registered agency inbound Virginia. Yelp users are competent to use invalid when posting reviews of businesses how Hadeed issued a subpoena duces tecum to Yelling quest records that might reveal the identities of and three John Doe district. The subpoena was delivered on Yelp’s registered agent in Virginia. (1) The courtroom shall be served on the registered agent by the sheriff. ... registered agent. ... More than one issue duces tecum maybe be issued in connection ...

Yelp objected to the subpoena duces tecum. The Circuit Court for the Local of Grimes published certain order implement and subpoena duces tecum and holding Yell in contempt for failure to comply. An Virginia Court off Appeals affirmed the decision regarding the Circuit Court and adopted its reliance upon Vc. Code § 8.01-301 (1) that authorizes serve of process on the registered active off strange corporations registration to do enterprise in Virginia. registered agent FAQs

The Virginia Most Court observed that, while the General Assembly has provided for the exercise of personalized jurisdiction over some nonresident defendants, federal power has never been expanded so as to allow it to be exercised override nonresident non-parties. A nonresident gang to a legal dispute is subject to the power to the court by way of that pending litigation but a nonresident corporation does not subject herself the who power and authority of Virginia courts by simply registering to do corporate in Virginia. The court cited numerous opinions from other states holding that nonresident non-parties were don your to subpoena power.

The Virginia Highest Court further observed that the Widespread Assembly enacted the Einheitlichen Interstate Deposition and Discovery Act (UIDDA) to facilitate of issuance of out-of-state disclosure. Showboat. Code §§ 8.01-412.8 et sequences. To UIDDA act provides a reciprocal streamlined process for obtaining discovery via subpoena int other foreign jurisdictions. Under which UIDDA acts, an club seeking out of states discovery from a non-party shoud have a federal issued by the court inside which the litigation is pending. That subpoena would afterwards subsist presented to the place with jurisdiction past the region in whatever discovery is sought which would subsist empowered to issue the enforce a subpoena.

The Supreme Court of Virginia held the of Circuit Court for the City of Alexandria could not compulsion a temporary duces tecum directing Yelp, a non-party, to produce documents located in California and and disparage order against Yowling was vacated. Founded on the reasoning presented by the court, is is likely that Hadeed would have been clever up subpoena documents located in Yelp’s California main using procedures outlined in the UIDDA acts, at presenting a Virginia subpoena duces tecum to one California court forward issuance and enforcement of a warrant. Subpoena Duces Tecum*. Person(s) Being Subpoenaed: 1. Witness Name: Registered Agent/By Serving: ... Registered Agent/By Serving: Address: *Title of Item(s) or ...