Blog
July 20, 2010
By Barbara Haubrich-Hass, ACP/CAS
Getting your hands on investigative reports and documents for civil cases that arise from criminal incidents can be nearly impossible without the use of a subpoena. Even with a subpoena, some agencies require a court order to release certain evidence, such as coroner’s photographs. The downside to using a subpoena is the cost and time involved. To avoid this, I have turned to the Public Records Act with various levels of success to obtain reports, photographs, and other records from the District Attorney’s Office that handled the criminal action related to the civil case.
The California Public Records Act permits anyone to obtain, subject to certain exemptions, “any writing containing information relating to the conduct of the public’s business prepared, owned, used, or retained by any state or local agency regardless of physical form or characteristics.” [Gov. C. §6252(e)] Specific exceptions to disclosure are listed in Sections 6253.2, 6253.5, 6253.6, 6254, 6254.1 through 6254.22, 6255, 6267, 6268, and 6276.02 through 6276.48.
To get criminal records, you can make a Public Records Act request to the District Attorney’s office for a copy of their entire investigation file. A form letter for a Public Records request is at the bottom on this Newsletter. It is important to note that the District Attorney’s office is not necessarily required to produce some of the documents. Government Code § 6254(f) covers the pertinent exclusions for this request.
However, if the request is successful, you can get your hands on some great evidence at a reasonable cost and with limited time spent on the task. An example of why it is important to obtain the District Attorney’s investigation file occurred on a recent wrongful death case involving a DUI. The District Attorney’s office produced a copy of the full accident report, including the DUI narrative, transcripts of witness statements, toxicology report, a CD of the 911 calls, photographs not previously produced by the police department, and references to additional videotaped interviews.
The Public Records Act is a great tool for obtaining evidence, and should be used if at all possible in place of a Deposition Subpoena for the Production of Business Records. It will save your client case costs and you the headache of processing a subpoena.
FORM LETTER - PUBLIC RECORDS REQUEST
Note: Always review all forms with your supervising attorney prior to use.
Date
County District Attorney’s Office
[ADDRESS]
In re: Public Records Request
Your Case Name: People of the State of California v. [NAME OF PARTY]
Your Case No.: [COURT CASE NO.]
My Client: [NAME OF CLIENT]
To Whom It May Concern:
I have been retained by [NAME OF CLIENT] in connection with [BRIEF DESCRIPTION OF INCIDENT] that occurred on [DATE OF INCIDENT] , involving [NAME OF PARTY] .
Please consider this correspondence my formal public records request pursuant to Government Code Section 6253.
Please provide a copy of the entire investigative file of People of the State of California v. [NAME OF PARTY] , Case No. [COURT CASE NO] , including but not limited to:
1. All diagrams and photographs taken in relation to the subject incident on the date of the incident or after, at the scene
or any other location;
2. All videotapes;
3. Copies of all witness statements, written or in recorded form;
4. Investigative reports;
5. Any and all 911 calls recorded and in written form reporting the subject incident;
6. A copy of any and all documents reflecting the blood kit/draw, PAS sample or any other toxicology reports of [NAME
OF PARTY] .
A response to my request, as well as the total fee for duplication, would be appreciated within ten (10) days from the date of this correspondence. Should you wish to discuss this matter, please do not hesitate to contact me.
Very truly yours,
[NAME OF ATTORNEY]
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DISCLAIMER: Barbara Haubrich-Hass, ACP/CAS, is not an attorney. Any information derived from The California Litigator, and any other statements contained herein, are for information purposes only, and should not be construed as legal advice or a recommendation on a legal matter. The information from The California Litigator is not guaranteed to be correct, complete, or current. Barbara makes no warranty, express or implied, about the accuracy or reliability of the information provided within this article, or to any other website to which this article may be linked.
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