Kentucky 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

Unless otherwise ordered by the Court, a party opposing a motion must file a response within 21 days of service of the motion. Failure to timely respond to a motion may be grounds for granting the motion. A party may file a reply within 14 days of service of the response.

(d) Motions in limine. A party may move the court for a ruling in advance of trial on the admission or exclusion of evidence. The court may rule on such a motion in advance of trial or may defer a decision on admissibility until the evidence is offered at trial.

Rule RAP 43 - Petition for Rehearing or Other Relief as to Opinion or Opinion and Order or Motion for Reconsideration of Order (A)Scope of Rule. Any decision of the Supreme Court or Court of Appeals styled an "Opinion" or "Opinion and Order" is governed by Section (B) of this rule.

A motion in limine is decided by the judge outside of the presence of the jury. The purpose of a motion in limine is to address potentially prejudicial, irrelevant, or inadmissible information that could unduly influence a jury or hinder the fair administration of justice.

On any motions submitted to the Court for decision, the Court is to make all reasonable efforts to enter a decision on the motion within thirty (30) days after date of submission.

Although motions in limine have the effect of excluding evidence, they are not motions for summary judgment where very different rules apply. A motion in limine to, in effect, assert a late-filed motion for summary judgment or summary adjudication is improper.

A motion in limine can also be used to ask the court to exercise its discretion under California Evidence Code section 352 to exclude photographs, physical evidence, or other materials whose probative value is substantially outweighed by the probability their admission will necessitate undue consumption of time or ...

Rule 77.04 - Notice of entry of judgments and orders (1) Immediately upon the entry in the trial court of a judgment, a final order, an order which affects the running of time for taking an appeal, or an order which by its terms is required to be served, the clerk shall serve a notice of the entry by mail in the manner ...

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Kentucky Motion for In-Camera Hearing