Virginia Code 54.1-3925.3: Authority for subpoenas; qualified privilege and immunity.
A. In the conduct of investigations and hearings, the Board and character and fitness committee may administer oaths and affirmations and may issue subpoenas for the attendance of witnesses and the production of papers, books, accounts, documents, and other records or tangible evidence relevant to any such investigation or hearing. Any subpoena shall be issued in the name of the Board and be signed by a member of the Board or by its secretary.
Terms Used In Virginia Code 54.1-3925.3
- Board: when used in this chapter shall mean the Board of Bar Examiners. See Virginia Code 54.1-3919
- City: means an independent incorporated community which became a city as provided by law before noon on July 1, 1971, or which has within defined boundaries a population of 5,000 or more and which has become a city as provided by law. See Virginia Code 1-208
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
B. If any person fails or refuses to obey a subpoena, or to give testimony, the Board shall notify the circuit court of the county or city wherein the hearing is or was to have been held, or where the documents or tangible things were to have been produced. On receipt of the notice, the circuit court shall issue an order compelling such person’s attendance or testimony, or both, or the production of the documents or tangible things, to the same extent as could be required in a proceeding in court.
C. Information furnished to and testimony given before the Board or the character and fitness committee in the course of an investigation or hearing shall be privileged, and any person furnishing information or giving testimony shall be immune from civil liability therefor, unless it is shown that such person was motivated by actual malice.
1992, c. 734.