When a criminal defendant requests document discovery from a third party, does the third party respond by delivering materials to the clerk of the court?

California, United States of America


The following excerpt is from Facebook, Inc. v. Superior Court of City & Cnty. of S.F., 259 Cal.Rptr.3d 331, 46 Cal.App.5th 109 (Cal. App. 2020):

When a criminal defendant requests document discovery from a third party, the third party responds by delivering the materials to the clerk of the court. ( Pen. Code, 1326, subds. (b) - (c) ; Evid. Code 1560, subd. (b) ; Kling v. Superior Court (2010) 50 Cal.4th 1068, 1074, 116 Cal.Rptr.3d 217, 239 P.3d 670.) "[T]he court may order an in camera hearing to determine whether or not the defense is entitled to receive the documents." ( Pen. Code, 1326, subd. (c).) "Th[ese] restriction[s] maintain[ ] the courts control over the discovery process, for if the third party objects to disclosure of the information sought, the party seeking the information must make a plausible justification or a good cause showing of need therefor. " ( Kling, supra, 50 Cal.4th at pp. 1074-1075, 116 Cal.Rptr.3d 217, 239 P.3d 670.) "Of course, any third party or entityincluding a social

[46 Cal.App.5th 119]

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