What is the effect of a court quashing a defense counsel's request to subpoena a plaintiff's psychological records?

California, United States of America


The following excerpt is from People v. Hammon, 15 Cal.4th 1117, 65 Cal.Rptr.2d 1, 938 P.2d 986 (Cal. 1997):

The court quashed the subpoenas. While accepting defendant's argument that People v. Reber, supra, 177 Cal.App.3d 523, 223 Cal.Rptr. 139, would require the court to review the requested records in camera on a proper showing of good cause, the court nevertheless found defendant's showing inadequate. Defense counsel's declarations, the court explained in a written order, "fail to identify any particular information which would be of benefit to the [d]efendant. It is not adequate to simply contend that 'all psychological records will provide evidence of the existence or nonexistence of said molestations' or 'are necessary to prove the victim's lack of credibility, her propensity to fantasize and imagine events that never occurred.' Such a holding would essentially result in an 'in camera' hearing in any case where the complaining witness had received psychiatric/psychological counseling."

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