Rule 5.860.Prosecuting attorney request to access sealed juvenile case files

Division 3. Juvenile Rules · Chapter 13. Cases Petitioned Under Sections 601 and 602 · Article 5. Reviews and Sealing · Adopted 2021 · no amendments on record · Last verified September 10, 2026

In one sentenceRule 5.860 gives a prosecutor a narrow, noticed route to a sealed juvenile file where it may hold evidence favorable to a criminal defendant.

Full Text of Rule 5.860

Text sizeJump to: (a) (b) (c) (d)

(a) Applicability

This rule applies when a prosecuting attorney is seeking to access, inspect, utilize, or disclose a record that has been sealed by the court under sections 781, 786, or 793, or Penal Code section 851.7, and the attorney has reason to believe that access to the record is necessary to meet the attorney’s statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case.

(b) Contents of the request

Any request filed with the juvenile court under this rule must include the prosecuting attorney’s rationale for believing that access to the information in the record may be necessary to meet the disclosure obligation and the date by which the records are needed. The date must allow for sufficient time to meet the notice and hearing requirements of this rule. Form JV-592, Prosecutor Request for Access to Sealed Juvenile Case File, may be used for this purpose.

(1) Notice requirements

(A) The request must include a form for the court to notify the person whose records are to be accessed as well as that person’s attorney of record, and a form for those individuals to respond in writing and to request an appearance before the juvenile court. Forms JV-593, Notice of Prosecutor Request for Access to Sealed Juvenile Case File, and JV-594, Response to Prosecutor Request for Access to Sealed Juvenile Case File, may be used for this purpose.

(B) The juvenile court must notify the person with the sealed record and that person’s attorney of record using the documents prepared by the prosecuting attorney within two court days of the request being filed.

(2) Requirements if a response is filed

(A) If a written response is filed no more than 10 days after the date the notice was issued and no appearance has been requested, the clerk of the court must provide that response to the juvenile court for its consideration as it reviews the prosecuting attorney’s request.

(B) If a response is filed no more than 10 days after the date the notice was issued and an appearance is requested, the clerk of the court must set a hearing and provide notice of the hearing to the person with the sealed record, the attorney of record for that person, and the prosecuting attorney who filed the request.

(d) Juvenile court review and order

The court must review the case file and records that have been referenced by the prosecuting attorney’s request as well as any response provided as set forth in subdivision (c)(2). The court must approve the request, in whole or in part, if it determines that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation. If the court approves the request, the order must include appropriate limits on the access, inspection, utilization, and disclosure of the sealed record information in order to protect the confidentiality of the person whose sealed record is at issue. Such limits may include protective orders to accompany authorized disclosure, discovery, or access, including an order that the prosecuting attorney first submit the records to be disclosed to the court for its review and possible redaction to protect confidentiality. The court must make its initial order within 21 court days of when the request is filed, unless an appearance has been requested under subdivision (c)(2), in which case the court must act within five court days of the date set for the appearance.

End

Plain-English Summary

Sealed means sealed — but a prosecutor has a constitutional duty to disclose favorable evidence, and those two things can collide. This rule resolves the collision without simply reopening the file.

It applies where a prosecuting attorney seeks to access, inspect, use or disclose a record sealed under any of the sealing statutes, and has reason to believe access is necessary to meet the obligation to disclose favorable or exculpatory evidence to a defendant.

The request must give the rationale for that belief and the date by which the records are needed — a date leaving enough time for the notice and hearing this rule requires.

The person whose record it is gets notice. The request must include a form for the court to notify them and their attorney of record, and a form for those individuals to respond in writing and to ask to appear. The court must send that notice within two court days of the request being filed.

A written response filed within 10 days goes to the judge for consideration; where an appearance is also requested, the clerk sets a hearing and notifies the person, their attorney and the prosecutor.

The court reviews the file and records referenced in the request along with any response, and may approve the request in whole or in part — but only on determining that access to a specific sealed record, or part of one, is necessary for the prosecutor to comply with the disclosure obligation. Any approval must carry appropriate limits on access, inspection, use and disclosure to protect the person’s confidentiality, which may include protective orders and a requirement that the prosecutor first submit the records to the court for review and possible redaction.

The court must make its initial order within 21 court days of the request — or, where an appearance was requested, within five court days of the date set for it.

Frequently Asked Questions

When can a prosecutor reach a sealed juvenile record?

Where they have reason to believe access is necessary to meet their statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case — and only by filing a request with the juvenile court.

Is the person whose record it is told?

Yes. The court must notify them and their attorney of record within two court days of the request being filed, using the forms the prosecutor supplies, and they may respond in writing and ask to appear.

What must the court find before granting access?

That access to a specific sealed record, or a portion of one, is necessary to enable the prosecuting attorney to comply with the disclosure obligation. Approval may be in whole or in part.

What limits can the court impose?

Appropriate limits on access, inspection, utilization and disclosure to protect confidentiality — which may include protective orders accompanying any authorized disclosure, and an order that the prosecutor first submit the records to the court for review and possible redaction.

How quickly must the court rule?

Within 21 court days of the request being filed — or, where an appearance has been requested, within five court days of the date set for that appearance.

Amendment History

Rule 5.860 adopted effective January 1, 2021.

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

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