- Joined
- May 4, 2020
I have seen no VA law requiring a lawyer for an issue of an subpoena. In fact, § 8.01-412.10 ,a law that deals in interstate subpeona's makes no mention of a lawyer, and better yet, had she done this, she wouldn't have had to file a suit against Null that she most likely knew she was going to lose.She's not a lawyer, so she can't issue a subpoena
That is all true. Still, I believe she would have had way more of a chance to succeed here than by suing him. Oh well, it's just speculation now.You can't just try to subpoena evidence to create a case out of thin air, though. The recipient of the subpoena can move to quash it and you'll have to show the court that you have sufficient reason to believe that you have a valid case and that the evidence exists. If you don't have sufficient evidence to show that a tort (the civil equivalent of a criminal act) was likely committed, and that the person you're subpoenaing has evidence that supports your case, the court won't just allow you to go on a witch hunt to find it. That would be a violation of their privacy and it would be overly burdensome without justification.