Can a judge order a sealed document to be unsealed until the validity of the claim is determined?

California, United States of America


The following excerpt is from Gordon v. Superior Court, 55 Cal.App.4th 1546, 65 Cal.Rptr.2d 53 (Cal. App. 1997):

10 Upon a colorable claim of privilege or privacy, the trial court cannot order the documents unsealed until the validity of the claim is determined. If the only means to assess the validity of the claim requires examination of the sealed documents, the trial court must examine them in camera, in the presence of the attorney from whom they were seized but no one else. (Geilim v. Superior Court, supra, 234 Cal.App.3d at p. 174, 285 Cal.Rptr. 602.) "If the judge determines that the information is privileged, neither [the judge] nor any other person may ever disclose, without the consent of a person authorized to permit disclosure, what was disclosed in the course of the proceedings in chambers." (Evid.Code, 915, subd. (b).)

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