Alabama Motion for In-Camera Hearing

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Description

In-Camera refers to a closed and private session of Court or some other deliberating body. The hearing of a trial or hearing, in whole or in part, that is conducted in private and the pubic galleries are cleared and the doors locked, leaving only the judge, the Court clerk, the parties and lawyers and witnesses in attendance. From time to time, there are overriding concerns where the violation of personal privacy combined with the vulnerability of the witness or parties justifies an in camera hearing.


In Camera inspection happens when a judge reviews evidence (depositions, documents, photos and the like) to determine whether it should be provided to other parties. This usually occurs when both sides in a case disagree about whether a certain, usually crucial piece of evidence should come in, meaning (1) is it admissible-is it relevant to the Trier of fact in making a determination of the ultimate issue of the case and (2) is the prejudicial affect to the defendant substantially outweighed by the probative value of the evidence. Any material that is not relevant is not disclosed or may be redacted.


To be entitled to an in camera inspection, the defendant must make a preliminary showing that the sought-after evidence is material to his or her defense. State v. Shiffra, 175 Wis. 2d 600 (Wis. Ct. App. 1993)



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FAQ

As amended, Rule 412(a) bars evidence offered to prove the complaining witness engaged in "other sexual behavior" or to prove the complaining witness's "sexual predisposition." These terms are taken verbatim from Federal Rule 412(a)(1) and (2) and include evidence the former Alabama rule defined as "Evidence Relating ...

Rule 30(b)(5). As is true under Alabama practice, a subpoena duces tecum is not available as to a party. Section 12-21-2, Code of Ala., is limited to persons not parties. Note, however, that this paragraph differs from the Federal Rule which incorporates Rule 34 without making clear what time limits are intended.

Some argue that use of media during courtroom proceedings presents a mockery of the judicial system, though the issue has been contested at length. There are concerns that the presentation and consideration of evidence may be affected by the presence of cameras influencing the behavior of court participants.

The Sunshine in the Courtroom Act of 2023 would grant the presiding judge in all federal courts, including the Supreme Court, the discretion to allow cameras in the courtroom while protecting the identities of witnesses and jurors when necessary or upon request.

Privilege If you do not make the objection at the time, then you have waived it. Privilege include such things as attorney-client privilege, medical privilege, and Constitutional privileges.

Nearly every state in the union has provisions to allow the media to use video cameras and microphones in courtrooms in some circumstances. In some, cameras are a routine sight at the trial court level. In others, the state's appellate courts or supreme court have cameras, operated by the courts themselves.

Rule 55(b)(1) allows the clerk to enter default judgment only when the claim is for a sum certain or a sum which can by computation be made certain. Rule 55(b)(2) relegates the entry of the default judgment to the court in all other cases.

Rather than deciding to completely prohibit all broadcasting, filming, recording, televising, and photographing the court has devised a system which would allow, under limited circumstances, the use of sophisticated equipment and advanced technology in photographing, filming, televising, recording and broadcasting of ...

While cameras may be allowed, the courts are presumed closed to cameras unless a judge grants permission for photography, broadcasting, streaming or recording of any kind. The judge may have wide latitude to rule in either direction. There's a natural tension between constitutional rights when there is a dispute.

Rule 30(b)(6) allows for depositions of corporate representatives and their testimony is binding on the company. Counsel for noticed companies should review 30(b)(6) notices carefully and object if the notice seeks out-of-bounds testimony.

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Alabama Motion for In-Camera Hearing