California Evidence Code

§ 1043

EVID § 1043 Effective Jan 1, 2020Div. 8 · Ch. 4 · Art. 9

Statute text

(a)In any case in which discovery or disclosure is sought of peace or custodial officer personnel records or records maintained pursuant to Section 832.5 of the Penal Code or information from those records, the party seeking the discovery or disclosure shall file a written motion with the appropriate court or administrative body upon written notice to the governmental agency that has custody and control of the records, as follows:

(1)In a civil action, the written notice shall be given at the times prescribed by subdivision (b) of Section 1005 of the Code of Civil Procedure.

(2)In a criminal action, the written notice shall be served and filed at least 10 court days before the hearing. All papers opposing a motion so noticed shall be filed with the court at least five court days, and all reply papers at least two court days, before the hearing. Proof of service of the notice shall be filed no later than five court days before the hearing.

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Legislative history

Amended by Stats. 2019, Ch. 585, Sec. 2. (AB 1600) Effective January 1, 2020.