Section 1063 Of Article 11. Trade Secret From California Evidence Code >> Division 8. >> Chapter 4. >> Article 11.
1063
. The following provisions shall govern requests to seal
articles which are protected by a protective order entered pursuant
to Evidence Code Section 1060 or 1061:
(a) The People shall request sealing of articles reasonably
expected to be filed or admitted into evidence as follows:
(1) No less than 10 court days before trial, and no less than five
court days before any other criminal proceeding, the People shall
file with the court a list of all articles which the People
reasonably expect to file with the court, or admit into evidence,
under seal at that proceeding. That list shall be available to the
public. The People may be relieved from providing timely notice upon
showing that exigent circumstances prevent that notice.
(2) The court shall not allow the listed articles to be filed,
admitted into evidence, or in any way made a part of the court record
otherwise open to the public before holding a hearing to consider
any objections to the People's request to seal the articles. The
court at that hearing shall allow those objecting to the sealing to
state their objections.
(3) After hearing any objections to sealing, the court shall
conduct an in camera hearing with only the owner of the trade secret
contained within those articles, the People's representative,
defendant, and defendant's counsel present. The court shall review
the articles sought to be sealed, evaluate objections to sealing, and
determine whether the People have satisfied the constitutional
standards governing public access to articles which are part of the
judicial record. The court may consider testimony presented or
affidavits filed in any proceeding held in that action. The People,
defendant, and the owner of the trade secret may file affidavits
based on the affiant's personal knowledge to be considered at that
hearing. Those affidavits are to be sealed and not released to the
public, but shall be made available to the parties. The court may
rule on the request to seal without taking testimony. If the court
takes testimony, examination of witnesses shall not be used to obtain
discovery, but shall be directed solely toward whether sealing is
appropriate.
(4) If the court finds that the movant has satisfied appropriate
constitutional standards with respect to sealing particular articles,
the court shall seal those articles if and when they are filed,
admitted into evidence, or in any way made a part of the court record
otherwise open to the public. The articles shall not be unsealed
absent an order of a court upon a showing of good cause. Failure to
examine the court file for notice of a request to seal shall not
constitute good cause to consider objections to sealing.
(b) The following procedure shall apply to other articles made a
part of the court record:
(1) Where any articles protected by a protective order entered
pursuant to Section 1060 or 1061 are filed, admitted into evidence,
or in any way made a part of the court record in such a way as to be
otherwise open to the public, the People, a defendant, or the owner
of a trade secret contained within those articles may request the
court to seal those articles.
(2) The request to seal shall be made by noticed motion filed with
the court. It may also be made orally in court at the time the
articles are made a part of the court record. Where the request is
made orally, the movant must file within 24 hours a written
description of that request, including a list of the articles which
are the subject of that request. These motions and lists shall be
available to the public.
(3) The court shall promptly conduct hearings as provided in
paragraphs (2), (3), and (4) of subdivision (a). The court shall,
pending the hearings, seal those articles which are the subject of
the request. Where a request to seal is made orally, the court may
conduct hearings at the time the articles are made a part of the
court record, but shall reconsider its ruling in light of additional
objections made by objectors within two court days after the written
record of the request to seal is made available to the public.
(4) Any articles sealed pursuant to these hearings shall not be
unsealed absent an order of a court upon a showing of good cause.
Failure to examine the court file for notice of a request to seal
shall not constitute good cause to consider objections to sealing.