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§ 1985.7.Medical records; failure to produce; order to show cause

Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Enacted 1996 · no amendments on record · Last verified July 29, 2026

In one sentenceSection 1985.7 lets a party seeking medical records apply for an order to show cause when a medical provider fails to comply with Evidence Code Section 1158, requires that order to be served like a summons, and directs the court to impose monetary sanctions unless the noncompliance was substantially justified.

Full Text of § 1985.7

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When a medical provider fails to comply with Section 1158 of the Evidence Code, in addition to any other available remedy, the demanding party may apply to the court for an order to show cause why the records should not be produced.
Any order to show cause issued pursuant to this section shall be served upon respondent in the same manner as a summons. It shall be returnable no sooner than 20 days after issuance unless ordered otherwise upon a showing of substantial hardship. The court shall impose monetary sanctions pursuant to Section 1158 of the Evidence Code unless it finds that the person subject to the sanction acted with substantial justification or that other circumstances make the imposition of the sanction unjust.

Plain-English Summary

Evidence Code Section 1158 already sets rules for how a medical provider must respond to a records request in connection with litigation, and this section supplies the enforcement mechanism when a provider ignores those rules. If a medical provider fails to comply, the party demanding the records can apply to the court for an order to show cause why the records should not be produced, on top of whatever other remedy might be available.

The order has to be served on the provider the same way a summons is served, and it cannot be made returnable sooner than 20 days after issuance unless the party can show substantial hardship justifying a faster timeline. Once the matter is before the court, monetary sanctions are the expected outcome, not just a possibility: the court must impose them unless it finds the noncompliant party acted with substantial justification or that some other circumstance would make a sanction unjust.

Frequently Asked Questions

When can a party use the order-to-show-cause procedure in Section 1985.7?

When a medical provider fails to comply with Evidence Code Section 1158's requirements for producing records in connection with litigation.

How must the order to show cause be served?

In the same manner as a summons.

How soon can the order be made returnable?

No sooner than 20 days after issuance, unless the court orders otherwise on a showing of substantial hardship.

Is a sanction automatic if the court finds noncompliance?

The court must impose monetary sanctions unless it finds the noncompliant party acted with substantial justification or that the sanction would otherwise be unjust.

Amendment History

(Added by Stats.1996, c. 1159 (A.B.3471), § 12.)

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: medical provider fails to produce records order to show causeevidence code 1158 sanctions subpoena