Connecticut 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

Existence of any fact that is material to the determination of the proceeding more probable or less probable than it would be without the evidence. Section 4-1 embodies the two separate components of relevant evidence recognized at common law: (1) probative value; and (2) materiality. State v. Jeffrey, 220 Conn.

4-3. Relevant evidence may be excluded if its probative value is outweighed by the danger of unfair prejudice or surprise, confusion of the issues, or misleading the jury, or by considerations of undue delay, waste of time or needless presentation of cumulative evidence.

Section 4-5 - Evidence of Other Crimes, Wrongs or Acts Generally Inadmissible (a)General Rule. Evidence of other crimes, wrongs or acts of a person is inadmissible to prove the bad character, propensity or criminal tendencies of that person except as provided in subsection (b).

This undergirding principle of evidentiary law is called the Best Evidence Rule, also referred to as the original writing rule. The foundation of the Best Evidence Rule is that the original writing, recording or photograph is the 'best' way to prove the actual content of the evidence.

4-8. Section 4-8 - Offers To Compromise (a)General rule. Evidence of an offer to compromise or settle a disputed claim is inadmissible on the issues of liability and the amount of the claim.

The exception is limited to statements of then-existing physical condition, whereby the declarant describes how the declarant feels [as] at the time the declarant [speaks] makes the hearsay statement. Statements concerning past physical condition; Martin v. Sherwood, supra, 74 Conn. 482; State v.

These grounds can include, but are not limited to: forum non conveniens, meaning it is more appropriate for another court to hear the case; prior pending action, meaning a case between the parties on the same matter is already happening; or in a medical malpractice case the Certificate of Good Faith not being properly ...

Section 7-2 requires a party offering expert testimony, in any form, to show that the witness is qualified and that the testimony will be of assistance to the trier of fact. A three-part test is used to determine whether these requirements are met.

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Connecticut Motion for In-Camera Hearing