Code of Civil Procedure § 1985.3(g) – Notice Requirements for Subpoenas of Consumer Records
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Code of Civil Procedure § 1985.3(g) – Notice Requirements for Subpoenas of Consumer Records
Code of Civil Procedure – CCP
PART 4. MISCELLANEOUS PROVISIONS [1855 – 2107]
( Heading of Part 4 amended by Stats. 1965, Ch. 299. )
TITLE 3. OF THE PRODUCTION OF EVIDENCE [1985 – 2015.6]
( Title 3 enacted 1872. )
CHAPTER 2. Means of Production [1985 – 1997]
( Chapter 2 enacted 1872. )
California Law
1985.3(g).
(g) Any consumer whose personal records are sought by a subpoena duces tecum and who is a party to the civil action in which this subpoena duces tecum is served may, prior to the date for production, bring a motion under Section 1987.1 to quash or modify the subpoena duces tecum. Notice of the bringing of that motion shall be given to the witness and deposition officer at least five days prior to production. The failure to provide notice to the deposition officer shall not invalidate the motion to quash or modify the subpoena duces tecum but may be raised by the deposition officer as an affirmative defense in any action for liability for improper release of records.
(Amended by Stats. 2012, Ch. 72, Sec. 2. (SB 1574) Effective January 1, 2013.)
California Law Summary
Subdivision (g) of § 1985.3 reinforces the confidentiality and legal protections surrounding personal records held by third parties when those records are subpoenaed in civil cases.
Key Provision:
Invalid Subpoena Without Notice:
A subpoena for personal records is not valid and records may not be produced unless:The consumer (individual to whom the records pertain) has been given notice, and
The notice period has expired without objection, or a court has ordered the records to be produced after hearing an objection.
Purpose
To safeguard individuals’ constitutional and statutory privacy rights by ensuring they:
Are notified in advance of a third-party subpoena for their records,
Have a clear opportunity to object before any disclosure occurs.
Application
Defense attorneys often seek medical or employment records in personal injury cases. Under § 1985.3(g), they must notify the plaintiff before obtaining such records. Failure to do so renders the subpoena unenforceable and can lead to sanctions or suppression of the evidence.
