§ 1985.6.Employment records; subpoena duces tecum or production
Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Last amended 2012 · Last verified July 29, 2026
In one sentenceSection 1985.6 requires a party subpoenaing an employee's employment records from a current or former employer or labor organization to serve advance notice and a privacy warning on the employee, sets deadlines for that notice and for the employee's objection or motion to quash, and bars production once an objection or motion is pending.
(a)For purposes of this section, the following terms have the following meanings:
(1)“Deposition officer” means a person who meets the qualifications specified in Section 2020.420.
(2)“Employee” means any individual who is or has been employed by a witness subject to a subpoena duces tecum. “Employee” also means any individual who is or has been represented by a labor organization that is a witness subject to a subpoena duces tecum.
(3)“Employment records” means the original or any copy of books, documents, other writings, or electronically stored information pertaining to the employment of any employee maintained by the current or former employer of the employee, or by any labor organization that has represented or currently represents the employee.
(4)“Labor organization” has the meaning set forth in Section 1117 of the Labor Code.
(5)“Subpoenaing party” means the person or persons causing a subpoena duces tecum to be issued or served in connection with any civil action or proceeding, but does not include the state or local agencies described in Section 7465 of the Government Code, or any entity provided for under Article VI of the California Constitution in any proceeding maintained before an adjudicative body of that entity pursuant to Chapter 4 (commencing with Section 6000) of Division 3 of the Business and Professions Code.
(b)Prior to the date called for in the subpoena duces tecum of the production of employment records, the subpoenaing party shall serve or cause to be served on the employee whose records are being sought a copy of: the subpoena duces tecum; the affidavit supporting the issuance of the subpoena, if any; the notice described in subdivision (e); and proof of service as provided in paragraph (1) of subdivision (c). This service shall be made as follows:
(1)To the employee personally, or at his or her last known address, or in accordance with Chapter 5 (commencing with Section 1010) of Title 14 of Part 2, or, if he or she is a party, to his or her attorney of record. If the employee is a minor, service shall be made on the minor's parent, guardian, conservator, or similar fiduciary, or if one of them cannot be located with reasonable
(2)Not less than 10 days prior to the date for production specified in the subpoena duces tecum, plus the additional time provided by Section 1013 if service is by mail.
(3)At least five days prior to service upon the custodian of the employment records, plus the additional time provided by Section 1013 if service is by mail.
(c)Prior to the production of the records, the subpoenaing party shall either:
(1)Serve or cause to be served upon the witness a proof of personal service or of service by mail attesting to compliance with subdivision (b).
(2)Furnish the witness a written authorization to release the records signed by the employee or by his or her attorney of record. The witness may presume that the attorney purporting to sign the authorization on behalf of the employee acted with the consent of the employee, and that any objection to the release of records is waived.
(d)A subpoena duces tecum for the production of employment records shall be served in sufficient time to allow the witness a reasonable time, as provided in Section 2020.410, to locate and produce the records or copies thereof.
(e)Every copy of the subpoena duces tecum and affidavit served on an employee or his or her attorney in accordance with subdivision (b) shall be accompanied by a notice, in a typeface designed to call attention to the notice, indicating that (1) employment records about the employee are being sought from the witness named on the subpoena; (2) the employment records may be protected by a right of privacy; (3) if the employee objects to the witness furnishing the records to the party seeking the records, the employee shall file papers with the court prior to the date specified for production on the subpoena; and (4) if the subpoenaing party does not agree in writing to cancel or limit the subpoena, an attorney should be consulted about the employee's interest in protecting his or her rights of privacy. If a notice of taking of deposition is also served, that other notice may be set forth in a single document with the notice required by this subdivision.
(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.
(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.
(g)Upon good cause shown and provided that the rights of witnesses and employees are preserved, a subpoenaing party shall be entitled to obtain an order shortening the time for service of a subpoena duces tecum or waiving the requirements of subdivision (b) if due diligence by the subpoenaing party has been shown.
(h)This section may not be construed to apply to any subpoena duces tecum that does not request the records of any particular employee or employees and that requires a custodian of records to delete all information that would in any way identify any employee whose records are to be produced.
(i)This section does not apply to proceedings conducted under Division 1 (commencing with Section 50), Division 4 (commencing with Section 3200), Division 4.5 (commencing with Section 6100), or Division 4.7 (commencing with Section 6200), of the Labor Code.
(j)Failure to comply with this section shall be sufficient basis for the witness to refuse to produce the employment records sought by subpoena duces tecum.
(k)If the subpoenaing party is the employee, and the employee is the only subject of the subpoenaed records, notice to the employee, and delivery of the other documents specified in subdivision (b) to the employee, are not required under this section.
Plain-English Summary
Employment files can hold sensitive material about a worker's history, performance, and finances, and this section gives an employee the same kind of advance warning and objection rights that Section 1985.3 gives a bank or medical customer, adapted for the employment setting. It covers employment records held by a current or former employer, or by a labor organization that represents or has represented the employee.
Before the production date, the subpoenaing party has to serve the employee with the subpoena, any supporting affidavit, and a notice describing the employee's rights, following lead times nearly identical to Section 1985.3's, and has to prove that service, or obtain a signed release, before the employer or union turns records over. The required notice has to stand out visually and explain that employment records are being sought, that they may be protected by a right of privacy, that objecting means filing papers before the production date, and that a lawyer can help if the requesting party will not agree to narrow or cancel the subpoena.
An employee who is a party to the case can move to quash or modify the subpoena; a nonparty employee can instead serve a written objection stating specific grounds. Either step halts production unless the court orders otherwise or everyone affected agrees, and the requesting party then has to bring its own enforcement motion within 20 days, supported by a showing of a good-faith attempt at informal resolution. As with consumer records, the section exempts fully de-identified subpoenas, certain Labor Code proceedings, and situations where the employee is the one seeking the records.
Frequently Asked Questions
What records does Section 1985.6 protect?
Employment records maintained by a current or former employer, or by a labor organization that represents or has represented the employee.
What must a party do before an employer can release an employee's employment records?
Serve the employee with the subpoena, any affidavit, and a required privacy notice within specified deadlines, then prove that service to the employer or provide a signed employee release.
How can an employee object to a subpoena for their employment records?
A party employee can move to quash or modify the subpoena under Section 1987.1; a nonparty employee can instead serve a written objection stating specific grounds, either of which stops production pending a court order.
What can the subpoenaing party do if the employee objects?
Bring a motion within 20 days of the objection to enforce the subpoena, accompanied by a declaration showing a good-faith attempt to resolve the dispute informally.
Is this the same procedure used for consumer records under Section 1985.3?
Yes, it mirrors that procedure closely, substituting employment records, employers and labor organizations, and employees for personal records, other custodians, and consumers.
Amendment History
(Added by Stats.1995, c. 299 (A.B.617), § 1. Amended by Stats.1996, c. 679 (S.B.1821), § 2; Stats.1997, c. 442 (A.B.758), § 11; Stats.1998, c. 932 (A.B.1094), § 20; Stats.1999, c. 444 (A.B.794), § 2; Stats.2004, c. 182 (A.B.3081), § 19, operative July 1, 2005; Stats.2004, c. 101 (S.B.1465), § 1; Stats.2005, c. 22 (S.B.1108), § 20; Stats.2005, c. 294 (A.B.333), § 5; Stats.2005, c. 300 (A.B.496), § 7.5; Stats.2006, c. 538 (S.B.1852), § 76; Stats.2012, c. 72 (S.B.1574), § 3.)
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 employment records notice californiaemployee objection to subpoena personnel fileemployer records subpoena privacy