Ramirez v. Commonwealth
In Ramirez v. Commonwealth, 20 Va. App. 292, 456 S.E.2d 531 (1995), the defendant contended "the trial court erred in denying his request for a subpoena duces tecum directed to the Fairfax Department of Social Services." Ramirez, 20 Va. App. at 293, 456 S.E.2d at 532.
Pursuant to Rule 3A:12(b), Ramirez requested a subpoena "commanding DSS to deliver all documents, records, reports, statements, investigative reports, photographs, or other writings or items relating to the allegations of defendant's sexual misconduct toward the victim." Id. at 294, 456 S.E.2d at 532.
The Court affirmed the trial court's denial of the requested subpoena, finding that reports and internal documents made by agents of the Commonwealth in connection with the investigation or prosecution of the case were not discoverable under Rule 3A:11(b)(2). See 20 Va. App. at 296, 456 S.E.2d at 533.
Moreover, because "the documents of DSS were not in the possession 'of a person not a party to the action,'" we found Rule 3A:12 inapplicable. Id. (quoting Rule 3A:12(b)).