The procedures set forth in Section 1985.3 are applicable to a subpoena duces tecum for records containing “personal information,” as defined in § 1798.3 of the Civil Code that are otherwise exempt from public disclosure under a provision listed in § 7920.505 of the Government Code that are maintained by a state or local agency as defined in Section 7920.510 or 7920.540 of the Government Code. For the purposes of this section, “witness” means a state or local agency as defined in Section 7920.510 or 7920.540 of the Government Code and “consumer” means any employee of any state or local agency as defined in Section 7920.510 or 7920.540 of the Government Code, or any other natural person. Nothing in this section shall pertain to personnel records as defined in § 832.8 of the Penal Code.

(Amended by Stats. 2021, Ch. 615, Sec. 57. (AB 474) Effective January 1, 2022. Operative January 1, 2023, pursuant to Sec. 463 of Stats. 2021, Ch. 615.)

Terms Used In California Code of Civil Procedure 1985.4

  • Person: includes a corporation as well as a natural person. See California Code of Civil Procedure 17
  • State: includes the District of Columbia and the territories when applied to the different parts of the United States, and the words "United States" may include the district and territories. See California Code of Civil Procedure 17
  • Subpoena duces tecum: A command to a witness to produce documents.