Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 6. PLEADINGS AND PROCEEDINGS BEFORE TRIAL / CHAPTER 10. Discovery
California Codes

Cal. Penal Code § 1054.6 (2026)

Discovery

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Neither the defendant nor the prosecuting attorney is required to disclose any materials or information which are work product as defined in subdivision (a) of Section 2018.030 of the Code of Civil Procedure, or which are privileged pursuant to an express statutory provision, or are privileged as provided by the Constitution of the United States.

Notes of Decisions
Cited in 16 cases (5 in the last 5 years), 2000–2024 · leading case: People v. Zamudio, 181 P.3d 105 (Cal. 2008).
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People v. Zamudio, 181 P.3d 105 (Cal. 2008). · cites it 4× “) In 1990, by passing Proposition 115, the electorate enacted Penal Code section 1054.6, which currently provides in relevant part: “Neither the defendant nor the prosecuting attorney is required to disclose any materials or information which are work product as defined in…”
People v. Miles, 464 P.3d 611 (Cal. 2020). “”29 Code of Civil Procedure 29 When defendant committed his crimes and his trial took place, “Penal Code section 1054.6 referred to Code of Civil 112 PEOPLE v.”
Tucker Ellis LLP v. Superior Court of City & Cnty. of S.F., 12 Cal. App. 5th 1233 (Cal. Ct. App. 2017). · cites it 2× “Specifically, the Penal Code reads: "Neither the defendant nor the prosecuting attorney is required to disclose any materials or information which are work product as defined in subdivision (a) of Section 2018.”
People ex rel. Lockyer v. Superior Court, 83 Cal. App. 4th 387 (Cal. Ct. App. 2000). · cites it 2× “) Attorney work product protection is a separate and distinct doctrine from the attorney-client privilege, and, as noted above, is codified in criminal cases to preclude evidence of an attorney’s writings that reflect his or her “impressions, conclusions, opinions or legal…”
Garcia v. Superior Court, 163 P.3d 939 (Cal. 2007). · cites it 2× “[2] Penal Code section 1054.6 "expressly limits the definition of `work product' in criminal cases to `core' work product, that is, any writing reflecting `an attorney's impressions, conclusions, opinions, or legal research or theories.”
Garcia v. Superior Court, 163 P.3d 939 (Cal. 2007). · cites it 2× “Penal Code section 1054.6 “expressly limits the definition of ‘work product’ in criminal cases to ‘core’ work product, that is, any writing reflecting ‘an attorney’s impressions, conclusions, opinions, or legal research or theories.”
People v. Superior Court, 34 Cal. App. 5th 75 (Cal. Ct. App. 2019). “030, subdivision (a), Penal Code section 1054.6 ' "expressly limits the definition of 'work product' in criminal cases to 'core' work product, that is, any writing reflecting 'an attorney's impressions, conclusions, opinions, or legal research or theories.”
Tucker Ellis v. Super. Ct., No. A148956 (Cal. Ct. App. June 21, 2017). · cites it 2× “However, Penal Code section 1054.6, which governs attorney work product in the criminal context, explicitly defines attorney work product by reference to section 2018.”
People v. Superior Court (Jones), No. D074028 (Cal. Ct. App. Apr. 9, 2019). “030, subdivision (a), Penal Code section 1054.6 ' "expressly limits the definition of 'work product' in criminal cases to 'core' work product, that is, any writing reflecting 'an attorney's impressions, conclusions, opinions, or legal research or theories.”
People v. McClinton, 29 Cal. App. 5th 738 (Cal. Ct. App. 2018). “(See *765 Pen. Code, § 1054.6 ["Neither the defendant nor the prosecuting attorney is required to disclose any materials or information which are work product as defined in .”
Shannon Hausey v. City of Los Angeles, No. 2:21-cv-10006 (C.D. Cal. July 20, 2022). “6; State Summary 14 Criminal History Information protected under California Penal Code Sections 15 11105, 11120 et.”
Samuel Nelson v. Cnty. of Los Angeles, No. 2:22-cv-00832 (C.D. Cal. Sept. 14, 2022). “6; State Summary Criminal 6 History Information protected under California Penal Code Sections 11105, 7 11120 et.”
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