Virginia Rule 4:9A states regarding objections to subpoenas and procedures, that "the court, upon written motion promptly made by the person so required to produce, or by the party against whom such production is sought, may (1) quash or modify the subpoena ... " This year, effective July 1, 2025, the General Assembly enacted Va. Code Section 8.01-420.9 to confer standing on a non-party to move to quash or modify a subpoena duces tecum for the production of the non-party's financial records or records protected by the attorney-client privilege. The bill changes the result in Dinarany v. Dannenbaum. 24 Va. Cir. LEXIS 130 at *8 (Fairfax August 19, 2024) (Friedan, J.). In that case, the trial judge held that standing to quash or modify a subpoena for financial records is granted only to the person to whom the subpoena is directed or a party to the litigation in which the subpoena is issued. Not only does § 8.01-420.9 change the result, but Rule 4:9A has also been amended. See Rule 4:9A(c)(3).

The second enactment clause of Senate Bill 1010 which became § 8.01-420.9, called upon the Supreme Court to amend Rules 4:1 and 4:9A to conform to the new statute. The third enactment clause asked the Boyd-Graves Conference to conduct a study "on whether the Code of Virginia should be further amended to allow a non-party to file a motion to quash or modify a subpoena duces tecum."

The committee studied § 8.01-420.9, Rule 4:9A, and FRCP 45(d)(3)(B) to determine if any further changes need to be made to § 8.01-420.9 and Rule 4:9A. This study committee determined that at this time there is no need for any further changes.