Can a court make a record of the documents it examines before making a decision on a Pitchess motion?

California, United States of America


The following excerpt is from People v. Henry, B208124 (Cal. App. 4/16/2009), B208124. (Cal. App. 2009):

Mooc teaches that the trial court should make a record of the documents it examines before ruling on a Pitchess motion. "Such a record will permit future appellate review. If the documents produced by the custodian are not voluminous, the court can photocopy them and place them in a confidential file. Alternatively, the court can prepare a list of the documents it considered, or simply state for the record what documents it examined." (People v. Mooc, supra, 26 Cal.4th at p. 1229.)

2. Application here.

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