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California Evidence Code Section 1043

Legal Research Home > California Laws > Evidence Code > California Evidence Code Section 1043

1043.  (a) In any case in which discovery or disclosure is sought of
peace or custodial officer personnel records or records maintained
pursuant to Section 832.5 of the Penal Code or information from those
records, the party seeking the discovery or disclosure shall file a
written motion with the appropriate court or administrative body upon
written notice to the governmental agency which has custody and
control of the records. The written notice shall be given at the
times prescribed by subdivision (b) of Section 1005 of the Code of
Civil Procedure. Upon receipt of the notice the governmental agency
served shall immediately notify the individual whose records are
sought.
   (b) The motion shall include all of the following:
   (1) Identification of the proceeding in which discovery or
disclosure is sought, the party seeking discovery or disclosure, the
peace or custodial officer whose records are sought, the governmental
agency which has custody and control of the records, and the time
and place at which the motion for discovery or disclosure shall be
heard.
   (2) A description of the type of records or information sought.
   (3) Affidavits showing good cause for the discovery or disclosure
sought, setting forth the materiality thereof to the subject matter
involved in the pending litigation and stating upon reasonable belief
that the governmental agency identified has the records or
information from the records.
   (c) No hearing upon a motion for discovery or disclosure shall be
held without full compliance with the notice provisions of this
section except upon a showing by the moving party of good cause for
noncompliance, or upon a waiver of the hearing by the governmental
agency identified as having the records.

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Last modified: March 17, 2014