Pre-filing medical records (Evid. Code 1158): provider must make records available within 5 days after presentation of patient authorization
5 days after date the attorney (or representative) presented the signed written authorization to the medical provider, under Cal. Evid. Code 1158(b), (d).
Rule text
(d) Failure to make the records available during business hours, within five days after the presentation of the written authorization, may subject the medical provider having custody or control of the records to liability for all reasonable expenses, including attorney’s fees, incurred in any proceeding to enforce this section.
Calculate this deadline
Deadline
Thursday, November 12, 2026
- Trigger (Date the attorney (or representative) presented the signed written authorization to the medical provider): Friday, November 6, 2026.
- Exclude the trigger day and count 5 calendar days: Wednesday, November 11, 2026.
- That day is a Veterans Day, so the deadline moves to the next court day: Thursday, November 12, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Rules applied
Cal. Evid. Code 1158(b), (d)
(d) Failure to make the records available during business hours, within five days after the presentation of the written authorization, may subject the medical provider having custody or control of the records to liability for all reasonable expenses, including attorney’s fees, incurred in any proceeding to enforce this section.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- Applies only 'before the filing of any action or the appearance of a defendant in an action' (1158(b)); after that, use subpoena procedures. 'Five days' is not labeled calendar or business days (AMBIGUITY; calendar is the plain reading, and the duty is to make records available 'during business hours'). The sanction is liability for expenses and fees in an enforcement proceeding. Copy charges in 1158(e).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date the attorney (or representative) presented the signed written authorization to the medical provider on Monday, March 15, 2027, personal service: due Monday, March 22, 2027.
- Trigger (Date the attorney (or representative) presented the signed written authorization to the medical provider): Monday, March 15, 2027.
- Exclude the trigger day and count 5 calendar days: Saturday, March 20, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, March 22, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Notes
Applies only 'before the filing of any action or the appearance of a defendant in an action' (1158(b)); after that, use subpoena procedures. 'Five days' is not labeled calendar or business days (AMBIGUITY; calendar is the plain reading, and the duty is to make records available 'during business hours'). The sanction is liability for expenses and fees in an enforcement proceeding. Copy charges in 1158(e).
Related deadlines
- Patient records: provider must permit inspection within 5 working days after receipt of request (5 business days after)
- Patient records: provider must transmit copies within 15 days after receiving the request (15 days after)
- Patient records requested under HSC 123110(d) (benefit claim or appeal): copies transmitted within 30 days after written request (30 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.