Florida Motion for In-Camera Hearing

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US-02704BG
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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

Every person is competent to be a witness, except as otherwise provided by statute.

90.609 Character of witness as impeachment. ?A party may attack or support the credibility of a witness, including an accused, by evidence in the form of reputation, except that: (1) The evidence may refer only to character relating to truthfulness.

90.608 Who may impeach. ?Any party, including the party calling the witness, may attack the credibility of a witness by: (1) Introducing statements of the witness which are inconsistent with the witness's present testimony. (2) Showing that the witness is biased.

Section 90.616 - Exclusion of witnesses (1) At the request of a party the court shall order, or upon its own motion the court may order, witnesses excluded from a proceeding so that they cannot hear the testimony of other witnesses except as provided in subsection (2).

Civil Statutes of Limitation Depending on the type of case or procedure, Florida's statutes of limitations range from two to four years. The point at which the clock starts ticking typically is the date of the incident or discovery of a wrong.

In 1978, Section 90.610(1) was amended to provide that a wit- ness could be impeached with a conviction for a crime which was punishable by death or imprisonment in excess of one year under the law of the jurisdiction in which the person was convicted." The law of the place of conviction rather than the punishment es- ...

Florida law does not permit children to testify or be deposed in family court proceedings. This measure was designed to ensure that children are protected as much as possible from the dissension and stress that often come hand in hand with divorce and child custody matters.

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Florida Motion for In-Camera Hearing