§ 1985.4.Application of procedures in § 1985.3; subpoena duces tecum for records exempt
Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Last amended 2023 · Last verified July 29, 2026
Full Text of § 1985.4
Plain-English Summary
Section 1985.3 protects a consumer's records held by private custodians like banks and hospitals, and this section carries that same protection over to comparable records sitting in government files. It applies whenever a subpoena duces tecum seeks records containing personal information, as the Civil Code defines that term, that a state or local agency holds and that would otherwise be exempt from public disclosure under the Public Records Act.
To make the borrowed procedure work in this different setting, the section relabels the players: the state or local agency stands in as the witness, and the consumer is any employee of that agency, or any other natural person whose exempt personal information is being sought. Everything else, the advance notice, the privacy warning, the objection and motion-to-quash mechanics, follows Section 1985.3 unchanged. The section draws one clear boundary, however: it has nothing to do with personnel records as the Penal Code defines them, which are handled under their own separate rules.
Frequently Asked Questions
What kind of records does Section 1985.4 cover?
Records containing personal information, as defined in the Civil Code, that are exempt from public disclosure under the Public Records Act and are held by a state or local agency.
Who is treated as the "witness" and "consumer" under this section?
The state or local agency is treated as the witness, and the consumer is any employee of that agency, or any other natural person whose information is sought.
Does this section apply to law enforcement personnel records?
No. The section expressly excludes personnel records as defined in Section 832.8 of the Penal Code.
What procedure governs a subpoena covered by this section?
The same notice, objection, and motion-to-quash procedures set out in Section 1985.3.
Amendment History
(Added by Stats.1984, c. 437, § 1. Amended by Stats.1988, c. 441, § 1; Stats.2021, c. 615 (A.B.474), § 57, eff. Jan. 1, 2022, operative Jan. 1, 2023.)