If you’re in the early stages of filing a personal injury claim, you’re probably hearing a lot of legal terms that you’ve never heard before. These can sound confusing and overwhelming, but when you’re working with Shapiro, Washburn & Sharp, our attorneys make a point to make sure you understand everything we’re talking about, so you know what all your options are.
One of those strange terms may be a “pre-litigation SDT,” which stands for subpoena duces tecum. This is a Latin term that means “bring the documents.” In plain English, it is a legal order that tells someone (like a hospital, employer, or trucking company) to hand over evidence such as medical records, photos, or maintenance logs to be reviewed and considered in the claim.
This powerful tool can make a big difference in your case, and our experienced attorneys know exactly when and how to use it to help build a strong case in your favor. We’ve been helping injured people since 1985, and have recovered hundreds of millions of dollars for our clients.
If you’re dealing with a personal injury case and think you might need an SDT or just want to talk about your options, contact our experienced Virginia Beach personal injury attorneys at 833-997-1774 for a free consultation.
What Is an SDT?
An SDT (subpoena duces tecum) is a tool that lawyers can use to make people who are and are not involved in the legal claim to produce records or other types of evidence at a specific time and location.
For example, let’s say you got hurt in a car accident, and you strongly believe the other driver was texting while driving. That driver’s phone company will have records of the driver’s phone use. If you and your attorneys could look at those records, you might see evidence that the driver was sending texts at the time the crash happened. Those records could prove your case.
An SDT is a legal tool that our team could use to force the phone company to hand over those records, even if they don’t want to, or even if the other side doesn’t want them to.
Who Issues the SDT?
The power to issue an SDT comes from the court system and state laws. In Virginia, there are specific rules about when and how you can use an SDT. For example, Virginia law requires that you file a lawsuit before an SDT can be issued. (North Carolina law has similar requirements.) In some litigations, you can file an SDT before the lawsuit is filed, and in that case, it would be called a “pre-litigation” SDT, but in our area, a lawsuit has to be filed first.
That means technically, a true “pre-litigation SDT”—one issued before any case exists—isn’t available in Virginia or North Carolina civil cases. However, what experienced attorneys often call a “pre-litigation” strategy involves filing your lawsuit early so you can then immediately issue subpoenas to gather any critical evidence that you need.
Why Is It Important to Move Fast on an SDT?
It’s often important to get hold of any evidence that may support your case as soon as possible before it’s lost or altered. That’s why at Shapiro, Washburn & Sharp, we tend to plan our subpoena strategy early so that we can secure important evidence while it’s still fresh.
For example, many businesses keep surveillance video footage for only 30 to 90 days before it is erased or recorded over. If you slip and fall in a grocery store, the business could have footage of it happening, or at least, footage of the wet floor and the missing “Caution” sign. That footage could mean the difference between you winning and losing your case, but only if your attorney acts fast enough to preserve it.
Or imagine you were in a devastating accident with a large truck. Trucking companies keep electronic driving logs, maintenance records, or black box data for a limited time before it’s overwritten or deleted. Filing an SDT for that information as soon as possible can be critical to your case.
Special Rules for Medical Records in Virginia
There is an important exception to Virginia’s rules regarding SDTs, and that concerns medical records. Under Virginia Code 8.01-413 and 32.1-127.1:03, there are special protections and procedures for getting health records.
Most importantly for medical malpractice or personal injury cases involving medical treatment, Virginia law allows you to get your own medical records before filing a lawsuit in certain situations. If you (or your attorney on your behalf) make a written request for your medical records and the hospital or doctor doesn’t respond within the required time, you can ask the circuit court clerk to issue an SDT, even if no lawsuit has been filed yet.
Again, this matters because in medical malpractice cases, getting medical records early—including things like nursing notes, internal incident reports, and communications between staff—can be critical to the success of your case. These records might show what really happened during your treatment, and whether the medical team knew something went wrong, or failed to follow proper standards of care.
Can the Person Receiving the SDT Object?
The way it works under Virginia law is that once your case is filed, an attorney who is an active member of the Virginia State Bar can issue an SDT as an officer of the court. The person receiving the SDT can’t just ignore it without serious consequences, but they do have the right to file a written objection explaining why they shouldn’t have to produce the documents.
If that person or other entity files an objection, your attorney can then file what’s called a “Motion to Compel” with the court. This is essentially a document that asks the judge to order the person or other entity to hand over the records anyway. The court will hear both sides of the argument and then make a decision.
This is where having experienced attorneys like those at Shapiro, Washburn & Sharp makes all the difference. We know how to draft SDTs that are specific enough to get the evidence you need but reasonable enough that courts will enforce them. We also know how to argue in front of judges if someone is trying to dodge their legal obligation to produce evidence.
How A Personal Injury Lawyer Can Help
An SDT is a powerful evidence tool, but in Virginia, it’s usually tied to a filed case. “Pre-litigation SDT” is really about pre-litigation strategy—moving fast with evidence preservation letters, grabbing public records (like the police report after a crash), and then filing suit at the right moment so you can use SDTs effectively. If you have been hurt, the other side is not on your side, and evidence won’t wait.
Shapiro, Washburn & Sharp has the Tire 1 “Best Law Firms” recognition and decades of experience using STDs when necessary. If you or a loved one was injured through no fault of your own, contact us right away. We will jump right on getting the evidence required, as we did for our client whose doctor failed to diagnose and provide treatment for a right tibial fracture of the knee, resulting in a complex surgery and the need for a knee replacement. By pushing hard on records and third-party proof, we built the timeline and secured a $500,000 settlement shortly before trial.
Contact us at one of our offices in Virginia Beach, Norfolk, Portsmouth, Suffolk, Hampton, or Chesapeake.
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