The enforcement of an arbitration subpoena of a witness or the production of evidence or to compel a person under subpoena to testify is obtained by application to the court by a party or the arbitrators pursuant to Va Code § 8.01-581.06.
§ 8.01-581.06. Witnesses, subpoenas, depositions.
- The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents and other evidence, and shall have the power to administer oaths. Subpoenas so issued shall be served, and upon application to the court by a party or the arbitrators, enforced, in the manner provided by law for the service and enforcement of subpoenas in a civil action. All provisions of law compelling a person under subpoena to testify are applicable.
- On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken of a witness who cannot be subpoenaed or is unable to attend the hearing, in the manner and upon the terms designated by the arbitrators.
- Fees for attendance as a witness shall be the same as for a witness in the circuit court.
Tom Roberts, Mediator and Arbitrator