Section 115.12 - Motion to Seal Evidence(a) Any person who receives a Subpoena Duces Tecum may file a motion to seal the evidence subpoenaed.(1) The motion shall state the reason for the motion, including, the information or items that need to be sealed and the harm that would result if the evidence is not sealed.(b) If the hearing officer grants a motion to seal, the hearing officer shall provide notice to all parties that: (1) The motion has been granted,(2) The requested evidence is under seal, and(3) The evidence may not be copied, disseminated, or used for any purpose outside of the hearing.(c) At the conclusion of the hearing, all parties shall return all copies of the evidence to the hearing officer.(d) The hearing officer may grant a motion to seal in whole or in part. (1) If a motion to seal is granted in part, an original, complete, and unredacted copy of the evidence shall be sealed. A redacted copy shall be provided to all parties pursuant to Section 115.08 and retained in the record.(e) Evidence ordered under seal by this section shall not be subject to public inspection absent a court order.Cal. Code Regs. Tit. 13, § 115.12
Note: Authority cited: Section 1651, Vehicle Code; and Section 11400.20, Government Code. Reference: Sections 16070 and 16075, and Article 3 (commencing with Section 14100) of Chapter 3 of Division 6, Vehicle Code; Sections 11450.05, 11450.30 and 11455.30, Government Code; and Section 1063, Evidence Code.
1. New section filed 6-27-2024; operative 7/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 26).