§ 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
Full Text of § 1985.7
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.)