Posted on December 29, 2019
Pitchess Motions Need Only Require 10 Court Day Notice
In California, assembly bill 1600 amended Evidence Code 1043, 1047 and Code of Civil Procedure (“CCP”) 1005 expanding the scope of the notice requirement when a defendant files a motion to compel disclosure of a police officer’s personnel file – otherwise known as a Pitchess Motion.
Prior law mandated that a defendant file and serve opposing counsel 16-court days in advance of the hearing. Effective January 1, 2020, a defendant need only provide 10-court day notice.
Evidence Code 1043(a)(2) was amended and added the following section, “In a criminal action the written notice shall be served and filed at least 10 court days before the hearing.” Furthermore, CCP 1005(a)(6) was amended by making is apply to civil cases only.