Virginia Code

Va. Code Ann. § 8.01-695 (2026)

When argument held; when discovery permitted

✓ current as of May 2026

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Oral argument on any motion in any prisoner civil action shall be heard orally only at the request of the court; whenever possible, the court shall rule upon the record before it. No prisoner shall be permitted to request subpoenas for witnesses or documents, or file discovery requests, until the court has ruled upon any demurrer, plea or motion to dismiss. Where a case proceeds past the initial dispositive motions, the court shall require the prisoner seeking discovery to demonstrate that his requests are relevant and material to the issues in the case. No subpoena for witnesses or documents shall issue unless a judge of the court has reviewed the subpoena request and specifically authorized a subpoena to issue. The court shall exercise its discretion in determining the scope of the subpoena and may condition its issuance on such terms as the court finds appropriate. The court shall take into account the burden placed upon the object of the subpoena in relation to the needs of the case, the amount in controversy, and the importance of the issues at stake in the litigation.

2002, c. 871; 2006, c. 435.

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2003–2023 · leading case: Derrick A. Edwards v. Commonwealth of Virginia (Va. Ct. App. 2023).

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Derrick A. Edwards v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 2× “” The circuit court, pursuant to Code § 8.01-695, granted the Commonwealth’s plea in bar and motion to dismiss with prejudice based on the record without a hearing on February 16, 2 At the time Edwards was confined at River North Correctional Facility, operated by VDOC.”

Gillikin v. Dep't of Corr., 77 Va. Cir. 374 (Brunswick Cir. Ct. 2009). · cites it 3× “Having considered the record in its entirety and in accordance with its discretion under Va. Code § 8.01-695 (2007) of the Virginia Prisoner Litigation Reform Act, the Court sees no need to hold oral argument and herein rules upon the record before it.”

Hunter v. Commonwealth, 61 Va. Cir. 388 (2003). “, which became effective on July 1, 2002, provides that “whenever possible, the court shall rule upon the record before it,” § 8.01-695, the court should “remove this case from the April 9, 2003, trial docket” and “rule on the pleadings now before it.”

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