In what circumstances will the District Attorney seek to seal a subpoena duces tecum and supporting documents seeking records from the Department of Corrections?

California, United States of America


The following excerpt is from The People v. Superior Court, 96 Cal.Rptr.2d 264 (Cal. App. 2000):

The District Attorney's reliance upon this court's decision in Department of Corrections v. Superior Court (1988) 199 Cal.App.3d 1087, is misplaced. In Department of Corrections v. Superior Court, supra, 199 Cal.App.3d at pages 1091-1092, the trial court issued an ex parte order that sealed defendant's subpoena duces tecum and supporting documents seeking prison records and prohibited the department from communicating with the district attorney about the produced records. We found it was a denial of the district attorney's due process rights to issue such a broad order without affording the district attorney any opportunity to be heard. (Id. at pp. 1092-1094.) At issue in this case at this point of time is a defendant's offer of proof on the relevancy of the materials he seeks -- an offer of proof that very well may involve privileged information or the attorney's work product.

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