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Asked and Answered

Access to case exhibit

June 14, 2009

Question

I have a case in the Court of Appeal. My attorney needed a copy from the case file. I went to court and asked for a copy of exhibit 3. The clerk denied my request. I told my attorney this and he sent a local to obtain exhibit 3. She too was denied access or a copy of the public record. I believe since I am the first person to challenge PC148.6 (false complaints against peace officers) I am targeted by this backwoods court and ask for assistance.

Answer

I’ve reviewed the letter your attorney sent, and we agree that this is a public document and that the clerk had no right to withhold it from you or from an attorney sent to retrieve it.

Asked & Answered posts should not be relied on as legal advice, and FAC makes no guarantees about their completeness or accuracy. All posts carry a date of publication that readers should take note of in assessing their usefulness, given that laws and interpretations of them may change over time. Posts predating Jan. 1, 2023, that discuss the California Public Records Act may contain statute numbers no longer in use. Please see this page for a table showing how the California Public Records Act has been renumbered.