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CA SB741

Bill

Status

Passed

10/8/2023

Primary Sponsor

Dave Min

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • Prohibits discovery under the Civil Discovery Act in domestic violence restraining order proceedings except when a court grants a request upon a showing of good cause by the requesting party.

  • Requires courts to consider the importance and relevance of information sought, likelihood of acquiring it through other means, potential delays to the hearing, risk of trauma to participants, and existence of other protective orders when deciding whether to permit discovery.

  • Allows courts to either continue the hearing to permit discovery or commence the hearing to receive evidence and then continue for discovery if good cause is found; requires extension and potential modification of any existing restraining orders if hearing is continued.

  • Mandates courts limit permitted discovery to the least intrusive methods and minimum number of items necessary, with specified response timeframes based on the factors considered.

  • Preserves survivors' rights to obtain police reports, evidence under Section 6228, and their own business records including medical records and 911 call recordings without court permission.

Legislative Description

Domestic violence restraining orders: prehearing discovery.

Last Action

Chaptered by Secretary of State. Chapter 503, Statutes of 2023.

10/8/2023

Committee Referrals

Judiciary6/8/2023
Judiciary3/1/2023
Rules2/17/2023

Full Bill Text

No bill text available