California 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

Rule 8.47(c)(2) ? filings referring to confidential records: A party may file a request to file a brief or other document under seal in order to avoid disclosing confidential information. The request must be sufficient to justify the sealing and confidentiality. Rule 8.46(d) governs the procedure.

The Supreme Court of the United States does not allow cameras in the courtroom when the court is in session, a policy which is the subject of much debate. Although the Court has never allowed cameras in its courtroom, it does make audiotapes of oral arguments and opinions available to the public.

Rule 3.1332(c) of the California Rules of Court (CRC) allows the court to grant a continuance before or during trial on an affirmative showing of good cause. Each request for continuance must be considered on its own merits.

RULES & ORDERS GOVERNING MEDIA IN THE COURTROOM Cameras, recording devices, and the like, may be brought into the courthouse, but must be turned off while transporting in any area of a courthouse unless permitted.

In camera is a Latin term which literally translates to "in chambers" but carries the meaning "in private". Portions of a case held in camera are held in private before a judge where the press and the public are not allowed to take part.

Technology has made cameras in the courtroom less intrusive, and 47 States allow television cameras in trial and/or appellate courts; only Indiana, Mississippi, South Dakota, and the District of Columbia ban cameras in the courtroom.

Photography, electronic recordings or broadcasting by anyone ARE NOT permitted in any public area of the courthouse including, but not limited to, courtrooms, entrances, exists, hallways, staircases, elevators, and courtrooms unless permitted within a courtroom by a judicial officer or in a location specifically ...

Courthouse visits (individuals): Generally, all Court proceedings are open to the public, with the exceptions of Juvenile Justice Court, Juvenile Dependency Court and select closed hearings. Members of the public DO NOT need to schedule an appointment to observe Court and participate as an audience member.

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California Motion for In-Camera Hearing