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In any proceeding under the provisions of § 8.01-506 , a subpoena duces tecum may be issued for a book of accounts or other writing containing material evidence pursuant to Rule 4:9A of the Rules of the Supreme Court. However, notwithstanding the provisions of Rule 4:9A, a subpoena duces tecum issued pursuant to this section may (i) be directed to a party to the case and (ii) be issued by a commissioner and may direct that evidence and any custodians subpoenaed be produced before the commissioner. If the subpoena duces tecum is against a party who is not a resident of the Commonwealth, but who has appeared in the case or been served with process in this Commonwealth, the service may be on his attorney of record. The provisions of Rule 4:1(c) of the Supreme Court as to protective orders shall be applicable to proceedings under this section. 1978, c. 339; 1986, c. 249; 1993, c. 267.
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