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HomeEvidence CodeDiv. 8Ch. 4Art. 11§ 1062 Trade Secret Court Closure

§ 1062 Trade Secret Court Closure

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1062 Trade Secret Court Closure

Key Takeaways

  • •If a company has a secret recipe or special way of doing things (like how Coke is made), the court can keep that secret safe during a trial.
  • •The court will check if telling the secret would hurt the company a lot and if there’s no big reason for the public to know it.
  • •The trial can be closed for a little bit to keep the secret safe, but only if it doesn’t make the trial unfair for anyone.
  • •Later, people can read what happened in the trial, but the secret parts will be blacked out.

Example

A company like KFC is in a trial, and their secret recipe for fried chicken might be talked about in court.

The court can say, 'Okay, we’ll close the doors for a little bit so no one hears the secret recipe. But we’ll make sure the trial is still fair, and later, people can read what happened—just without the recipe part.'

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1062 Trade Secret Court Closure

(a) Notwithstanding any other provision of law, in a criminal case, the court, upon motion of the owner of a trade secret, or upon motion by the People with the consent of the owner, may exclude the public from any portion of a criminal proceeding where the proponent of closure has demonstrated a substantial probability that the trade secret would otherwise be disclosed to the public during that proceeding and a substantial probability that the disclosure would cause serious harm to the owner of the secret, and where the court finds that there is no overriding public interest in an open proceeding. No evidence, however, shall be excluded during a criminal proceeding pursuant to this section if it would conceal a fraud, work an injustice, or deprive the People or the defendant of a fair trial. (b) The motion made pursuant to subdivision (a) shall identify, without revealing, the trade secrets which would otherwise be disclosed to the public. A showing made pursuant to subdivision (a) shall be made during an in camera hearing with only the owner of the trade secret, the People’s representative, the defendant, and defendant’s counsel present. A court reporter shall be present during the hearing. Any transcription of the proceedings at the in camera hearing, as well as any articles presented at that hearing, shall be ordered sealed by the court and only a court may allow access to its contents upon a showing of good cause. The court, in ruling upon the motion made pursuant to subdivision (a), may consider testimony presented or affidavits filed in any proceeding held in that action. (c) If, after the in camera hearing described in subdivision (b), the court determines that exclusion of trade secret information from the public is appropriate, the court shall close only that portion of the criminal proceeding necessary to prevent disclosure of the trade secret. Before granting the motion, however, the court shall find and state for the record that the moving party has met its burden pursuant to subdivision (b), and that the closure of that portion of the proceeding will not deprive the People or the defendant of a fair trial. (d) The owner of the trade secret, the People, or the defendant may seek relief from a ruling denying or granting closure by petitioning a higher court for extraordinary relief. (e) Whenever the court closes a portion of a criminal proceeding pursuant to this section, a transcript of that closed proceeding shall be made available to the public as soon as practicable. The court shall redact any information qualifying as a trade secret before making that transcript available. (f) The court, subject to Section 867 of the Penal Code, may allow witnesses who are bound by a protective order entered in the criminal proceeding protecting trade secrets, pursaunt to Section 1061, to remain within the courtroom during the closed portion of the proceeding. (Amended by Stats. 1990, Ch. 714, Sec. 2.)

Last verified: January 22, 2026

Key Terms

portmotiondefendantfraudhearingtrialprobabilityevidence

Related Statutes

  • § 1042 Privileged Information In Criminal Cases
  • § 1380 Elder Abuse Hearsay Exception
  • § 782 Sexual Conduct Evidence Rules
  • § 1035.4 Sexual Assault Counselor Confidentiality
  • § 1023 Sanity Determination Privilege Exception

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1062.
View Official Source