§ 1985.3.Subpoena duces tecum; personal records of consumer

Title 3. Of the Production of Evidence · Chapter 2. Means of Production · Last amended 2012 · Last verified July 29, 2026

In one sentenceSection 1985.3 requires a party subpoenaing a consumer's personal records from a bank, medical provider, or similar custodian to serve advance notice and a privacy warning on the consumer, sets deadlines for that notice and for the consumer's objection or motion to quash, and bars the custodian from producing the records once an objection or motion is pending.

Full Text of § 1985.3

Text sizeJump to: (a) (b) (c) (d) (e) (f) (g) (h) (i) (j) (k) (l)

(a) For purposes of this section, the following definitions apply:

(1) “Personal records” means the original, any copy of books, documents, other writings, or electronically stored information pertaining to a consumer and which are maintained by any “witness” which is a physician, dentist, ophthalmologist, optometrist, chiropractor, physical therapist, acupuncturist, podiatrist, veterinarian, veterinary hospital, veterinary clinic, pharmacist, pharmacy, hospital, medical center, clinic, radiology or MRI center, clinical or diagnostic laboratory, state or national bank, state or federal association (as defined in Section 5102 of the Financial Code), state or federal credit union, trust company, anyone authorized by this state to make or arrange loans that are secured by real property, security brokerage firm, insurance company, title insurance company, underwritten title company, escrow agent licensed pursuant to Division 6 (commencing with Section 17000) of the Financial Code or exempt from licensure pursuant to Section 17006 of the Financial Code, attorney, accountant, institution of the Farm Credit System, as specified in Section 2002 of Title 12 of the United States Code, or telephone corporation which is a public utility, as defined in Section 216 of the Public Utilities Code, or psychotherapist, as defined in Section 1010 of the Evidence Code, or a private or public preschool, elementary school, secondary school, or postsecondary school as described in Section 76244 of the Education Code.

(2) “Consumer” means any individual, partnership of five or fewer persons, association, or trust which has transacted business with, or has used the services of, the witness or for whom the witness has acted as agent or fiduciary.

(3) “Subpoenaing party” means the person or persons causing a subpoena duces tecum to be issued or served in connection with any civil action or proceeding pursuant to this code, but shall not include the state or local agencies described in Section 7465 of the Government Code, or any entity provided for under Article VI of the California Constitution in any proceeding maintained before an adjudicative body of that entity pursuant to Chapter 4 (commencing with Section 6000) of Division 3 of the Business and Professions Code.

(4) “Deposition officer” means a person who meets the qualifications specified in Section 2020.420.

(b) Prior to the date called for in the subpoena duces tecum for the production of personal records, the subpoenaing party shall serve or cause to be served on the consumer whose records are being sought a copy of the subpoena duces tecum, of the affidavit supporting the issuance of the subpoena, if any, and of the notice described in subdivision (e), and proof of service as indicated in paragraph (1) of subdivision (c). This service shall be made as follows:

(1) To the consumer personally, or at his or her last known address, or in accordance with Chapter 5 (commencing with Section 1010) of Title 14 of Part 3, or, if he or she is a party, to his or her attorney of record. If the consumer is a minor, service shall be made on the minor's parent, guardian, conservator, or similar fiduciary, or if one of them cannot be located with reasonable diligence, then service shall be made on any person having the care or control of the minor or with whom the minor resides or by whom the minor is employed, and on the minor if the minor is at least 12 years of age.

(2) Not less than 10 days prior to the date for production specified in the subpoena duces tecum, plus the additional time provided by Section 1013 if service is by mail.

(3) At least five days prior to service upon the custodian of the records, plus the additional time provided by Section 1013 if service is by mail.

(1) Serve or cause to be served upon the witness a proof of personal service or of service by mail attesting to compliance with subdivision (b).

(2) Furnish the witness a written authorization to release the records signed by the consumer or by his or her attorney of record. The witness may presume that any attorney purporting to sign the authorization on behalf of the consumer acted with the consent of the consumer, and that any objection to release of records is waived.

(d) A subpoena duces tecum for the production of personal records shall be served in sufficient time to allow the witness a reasonable time, as provided in Section 2020.410, to locate and produce the records or copies thereof.

(e) Every copy of the subpoena duces tecum and affidavit, if any, served on a consumer or his or her attorney in accordance with subdivision (b) shall be accompanied by a notice, in a typeface designed to call attention to the notice, indicating that (1) records about the consumer are being sought from the witness named on the subpoena; (2) if the consumer objects to the witness furnishing the records to the party seeking the records, the consumer must file papers with the court or serve a written objection as provided in subdivision (g) prior to the date specified for production on the subpoena; and (3) if the party who is seeking the records will not agree in writing to cancel or limit the subpoena, an attorney should be consulted about the consumer's interest in protecting his or her rights of privacy. If a notice of taking of deposition is also served, that other notice may be set forth in a single document with the notice required by this subdivision.

(f) A subpoena duces tecum for personal records maintained by a telephone corporation which is a public utility, as defined in Section 216 of the Public Utilities Code, shall not be valid or effective unless it includes a consent to release, signed by the consumer whose records are requested, as required by Section 2891 of the Public Utilities Code.

(g) Any consumer whose personal records are sought by a subpoena duces tecum and who is a party to the civil action in which this subpoena duces tecum is served may, prior to the date for production, bring a motion under Section 1987.1 to quash or modify the subpoena duces tecum. Notice of the bringing of that motion shall be given to the witness and deposition officer at least five days prior to production. The failure to provide notice to the deposition officer shall not invalidate the motion to quash or modify the subpoena duces tecum but may be raised by the deposition officer as an affirmative defense in any action for liability for improper release of records.

Any other consumer or nonparty whose personal records are sought by a subpoena duces tecum may, prior to the date of production, serve on the subpoenaing party, the witness, and the deposition officer, a written objection that cites the specific grounds on which production of the personal records should be prohibited.

No witness or deposition officer shall be required to produce personal records after receipt of notice that the motion has been brought by a consumer, or after receipt of a written objection from a nonparty consumer, except upon order of the court in which the action is pending or by agreement of the parties, witnesses, and consumers affected.

The party requesting a consumer's personal records may bring a motion under Section 1987.1 to enforce the subpoena within 20 days of service of the written objection. The motion shall be accompanied by a declaration showing a reasonable and good faith attempt at informal resolution of the dispute between the party requesting the personal records and the consumer or the consumer's attorney.

(h) Upon good cause shown and provided that the rights of witnesses and consumers are preserved, a subpoenaing party shall be entitled to obtain an order shortening the time for service of a subpoena duces tecum or waiving the requirements of subdivision (b) where due diligence by the subpoenaing party has been shown.

(i) Nothing contained in this section shall be construed to apply to any subpoena duces tecum which does not request the records of any particular consumer or consumers and which requires a custodian of records to delete all information which would in any way identify any consumer whose records are to be produced.

(j) This section shall not apply to proceedings conducted under Division 1 (commencing with Section 50), Division 4 (commencing with Section 3200), Division 4.5 (commencing with Section 6100), or Division 4.7 (commencing with Section 6200), of the Labor Code.

(k) Failure to comply with this section shall be sufficient basis for the witness to refuse to produce the personal records sought by a subpoena duces tecum.

(l) If the subpoenaing party is the consumer, and the consumer is the only subject of the subpoenaed records, notice to the consumer, and delivery of the other documents specified in subdivision (b) to the consumer, is not required under this section.

End

Plain-English Summary

Banks, doctors, insurers, and similar businesses hold enormous amounts of private information about the people they serve, and this section makes sure a consumer gets a real chance to object before a subpoena duces tecum pulls those records into someone else's lawsuit. It defines the covered custodians broadly, from physicians and hospitals to banks, credit unions, escrow agents, and telephone utilities, and defines the consumer as anyone who has done business with, or been served by, that custodian.

Before the production date, the party seeking the records has to serve the consumer with the subpoena, any supporting affidavit, and a notice explaining the consumer's rights, either personally or by mail, with specific lead times before the production date and before service on the custodian itself. That notice has to stand out visually and has to tell the consumer, in plain terms, that records are being sought, that objecting means acting before the production date, and that a lawyer can help protect the consumer's privacy interest if the requesting party will not narrow or drop the subpoena voluntarily.

Before the custodian hands anything over, the requesting party must show either proof that the consumer was properly served, or a written release signed by the consumer or the consumer's attorney. If the consumer is a party to the case, the consumer can move to quash or modify the subpoena; if not a party, the consumer can instead serve a written objection setting out specific grounds. Either move freezes production unless a court orders otherwise or everyone agrees, and the requesting party then has to bring its own motion, backed by a showing of a good-faith attempt to resolve things informally, if it wants a court to force compliance anyway. The section also carves out subpoenas that strip all identifying information and exempts certain Labor Code proceedings and self-directed consumer requests.

Frequently Asked Questions

Who counts as a "consumer" under Section 1985.3?

Any individual, small partnership of five or fewer people, association, or trust that has transacted business with, or used the services of, the record-holding witness, or for whom the witness acted as agent or fiduciary.

What must happen before a bank or medical provider can turn over a consumer's records?

The subpoenaing party must first serve the consumer with the subpoena, any supporting affidavit, and a required privacy notice, within specified deadlines, and then either prove that service to the custodian or provide a signed consumer release.

How can a consumer stop production of their personal records?

A consumer who is a party can move to quash or modify the subpoena under Section 1987.1; a nonparty consumer can instead serve a written objection stating specific grounds, and either step blocks production pending a court order.

What can the requesting party do if the consumer objects?

Bring a motion under Section 1987.1 within 20 days of the objection to enforce the subpoena, supported by a declaration showing a good-faith attempt to resolve the dispute informally first.

Does this notice procedure apply to every subpoena duces tecum for a consumer's records?

No. It does not apply to a subpoena that omits any consumer-identifying details, to certain Labor Code proceedings, or where the consumer is the subpoenaing party and the only person whose records are at issue.

Amendment History

(Added by Stats.1980, c. 976, p. 3101, § 1, operative July 1, 1981. Amended by Stats.1981, c. 227, p. 1152, § 1, eff. July 20, 1981, operative July 1, 1981; Stats.1981, c. 1014, p. 3912, § 1; Stats.1982, c. 666, § 1; Stats.1984, c. 603, § 1; Stats.1985, c. 983, § 1, eff. Sept. 26, 1985; Stats.1986, c. 248, § 21; Stats.1986, c. 605, § 1; Stats.1986, c. 1209, § 2; Stats.1987, c. 20, § 1; Stats.1987, c. 149, § 1, eff. July 10, 1987; Stats.1987, c. 1080, § 10; Stats.1987, c. 1492, § 2; Stats.1988, c. 184, § 1; Stats.1990, c. 1220 (A.B.2980), § 1; Stats.1996, c. 679 (S.B.1821), § 1; Stats.1997, c. 442 (A.B.758), § 10; Stats.1998, c. 932 (A.B.1094), § 19; Stats.1999, c. 444 (A.B.794), § 1; Stats.2004, c. 182 (A.B.3081), § 18, operative July 1, 2005; Stats.2005, c. 300 (A.B.496), § 6; Stats.2012, c. 72 (S.B.1574), § 2.)

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: subpoena for bank records consumer notice californiaconsumer objection to subpoena duces tecummedical records subpoena privacy notice