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California Code of Civil Procedure Section 1986.1

Legal Research Home > California Laws > Code of Civil Procedure > California Code of Civil Procedure Section 1986.1

1986.1.  (a) No testimony or other evidence given by a journalist
under subpoena in a civil or criminal proceeding may be construed as
a waiver of the immunity rights provided by subdivision (b) of
Section 2 of Article I of the California Constitution.
   (b) Because important constitutional rights of a third-party
witness are adjudicated when rights under subdivision (b) of Section
2 of Article I of the California Constitution are asserted, except in
exigent circumstances a journalist who is subpoenaed in any civil or
criminal proceeding shall be given at least five days' notice by the
party issuing the subpoena that his or her appearance will be
required.
   (c) If a trial court holds a journalist in contempt of court in a
criminal proceeding notwithstanding subdivision (b) of Section 2 of
Article I of the California Constitution, the court shall set forth
findings, either in writing or on the record, stating at a minimum,
why the information will be of material assistance to the party
seeking the evidence, and why alternate sources of the information
are not sufficient to satisfy the defendant's right to a fair trial
under the Sixth Amendment to the United States Constitution and
Section 15 of Article I of the California Constitution.
   (d) As used in this section, "journalist" means the persons
specified in subdivision (b) of Section 2 of Article I of the
California Constitution.

Last modified: February 22, 2013