Code of Civil Procedure § 1985.6(f)(3) – Notice Requirements for Subpoenas of Employment Records
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Code of Civil Procedure § 1985.6(f)(3) – Notice Requirements for Subpoenas of Employment 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
1985.6(f).
(f) (1) Any employee whose employment records are sought by a subpoena duces tecum 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 the deposition officer at least five days prior to production. The failure to provide notice to the deposition officer does 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.
(2) Any nonparty employee whose employment records are sought by a subpoena duces tecum may, prior to the date of production, serve on the subpoenaing party, the deposition officer, and the witness a written objection that cites the specific grounds on which production of the employment records should be prohibited.
(3) No witness or deposition officer shall be required to produce employment records after receipt of notice that the motion has been brought by an employee, or after receipt of a written objection from a nonparty employee, except upon order of the court in which the action is pending or by agreement of the parties, witnesses, and employees affected.
(4) The party requesting an employee’s employment records may bring a motion under subdivision (c) of Section 1987 to enforce the subpoena within 20 days of service of the written objection. The motion shall be accompanied by a declaration showing a reasonable and good faith attempt at informal resolution of the dispute between the party requesting the employment records and the employee or the employee’s attorney.
(Amended by Stats. 2012, Ch. 72, Sec. 3. (SB 1574) Effective January 1, 2013.)
California Law Summary
Subdivision (f)(3) of § 1985.6 sets the earliest permissible date for a third-party custodian (such as an employer) to produce employment records in response to a subpoena.
Key Provision:
Minimum Time Before Production:
The records cannot be produced earlier than 15 days after the notice to the employee (consumer) and service of the subpoena on the custodian of records.
Purpose
To allow the employee a minimum 15-day window to:
Review the subpoena, and
File an objection with the court if they believe the request infringes on their privacy or is otherwise improper.
Application
In lawsuits involving claims for lost wages or employment impacts, this rule ensures that employees have fair notice and a reasonable opportunity to object before sensitive employment records are disclosed. Failure to observe this 15-day rule can invalidate the subpoena and bar the use of the records in court.
