Code of Civil Procedure § 1985.6(b)(2) – Authorization for Release of Employment Records
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CCP 1985.6(b)(2) Employment Records Release
CCP 1985.6(b)(2) employment records release
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
CCP 1985.6(b)(2) – Employment Records Release
(2) Not less than 10 days prior to the date for production specified in the subpoena duces tecum, plus the additional time provided by Section 1013 if service is by mail.
(3) At least five days prior to service upon the custodian of the employment records, plus the additional time provided by Section 1013 if service is by mail.
(Amended by Stats. 2012, Ch. 72, Sec. 3. (SB 1574) Effective January 1, 2013.)
California Law Summary
This provision governs the process for subpoenaing employment records from a third party (such as an employer) in a civil proceeding. Subdivision (b)(2) specifically requires that the employee (consumer) whose records are sought must be notified in advance of the subpoena.
Key Requirements:
Advance Notice to the Employee:
The party issuing the subpoena must serve a notice to the employee (the consumer) at least 10 days before the date the records are to be produced.Notice to Employer:
The employer or custodian of records also receives a copy of the subpoena and the declaration of necessity explaining why the records are material to the case.Opportunity to Object:
The employee has a right to object in writing. If an objection is filed, the employer may not produce the records unless ordered by the court.
Purpose
To protect the employee’s privacy rights and ensure transparency and fairness when employment records are requested in litigation.
Application
When a defendant seeks employment records to assess lost wages or other claims in a personal injury case, CCP 1985.6(b)(2) employment records release ensures that the plaintiff (employee) is notified and given the chance to object before records are released. Noncompliance can invalidate the subpoena and result in legal consequences.
