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§ 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

In one sentenceSection 1985.4 extends the consumer personal-records notice procedure of Section 1985.3 to subpoenas for exempt personal-information records held by state or local agencies, treating the agency as the witness and its employees or other individuals as the consumer, but excludes personnel records covered elsewhere.

Full Text of § 1985.4

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The procedures set forth in Section 1985.3 are applicable to a subpoena duces tecum for records containing “personal information,” as defined in Section 1798.3 of the Civil Code that are otherwise exempt from public disclosure under a provision listed in Section 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 Section 832.8 of the Penal Code.

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.)

Source & verification. Section text is reproduced verbatim from the West's Annotated California Codes / Thomson Reuters. Enacted by the California Legislature. Last verified July 29, 2026. · Official source
Also known as: subpoena for government agency records californiapublic records act exempt personal information subpoena