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Name: Lee v. Superior Court
Case #: G041511
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 09/21/2009

In a civil commitment proceeding under the Sexually Violent Predator Act, subpoenas duces tecum seeking state hospital records, etc. must set forth in full detail the materiality of the items sought, but this requirement does not apply to those records to which the district attorney has access under Welfare and Institutions Code section 6603, subdivision (c)(1). In this case, the appellate court considered whether the generalized declarations accompanying the subpoenas duces tecum seeking records from the state hospital were adequate and found them lacking in the specificity required under Code of Civil Procedure section 1985, subdivision (b).