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)
North Carolina Motion for In-Camera Hearing is a legal procedure by which a party in a court case can request that certain proceedings or evidence be reviewed privately by the judge, away from the public eye. This type of motion aims to protect sensitive information, maintain the privacy of individuals involved in the case, or ensure fair treatment during court proceedings. In-Camera Hearings can be requested in various types of cases, including family law, criminal, and civil proceedings. The following are the different types of North Carolina Motions for In-Camera Hearings, each serving specific purposes: 1. Motion for In-Camera Review of Confidential Documents: This motion is filed when a party wishes to submit confidential or sensitive documents to the court, which they believe should not be disclosed to the public. The judge then reviews these documents in private to determine their admissibility and relevance to the case. 2. Motion for In-Camera Testimony: This type of motion is filed when a party seeks to present witness testimony or evidence in a confidential manner. It may be necessary to protect the witness's identity, especially if they fear retaliation or harm. The judge then conducts the questioning and examination of the witness privately. 3. Motion for In-Camera Child Custody Evaluation: When child custody is being disputed in a family law case, one party may request an in-camera hearing for a custodial evaluation. This allows the judge to interview the child or children involved privately to determine their best interests without causing any additional trauma. 4. Motion for In-Camera Discussion on Sensitive Matters: In some instances, a party may request an in-camera hearing to discuss sensitive matters or legal arguments that could potentially harm one or both parties if made public. The court allows such discussions to take place in private to avoid unnecessary harm or prejudice. 5. Motion for In-Camera Trial: If a case involves highly sensitive or confidential issues, a party may request an in-camera trial. This motion is typically granted when the court considers public disclosure to be inappropriate or damaging, ensuring the privacy and protection for those involved. In summary, a North Carolina Motion for In-Camera Hearing enables parties in legal cases to request private review or discussion of evidence, testimony, or sensitive matters. These motions serve to protect the confidentiality, privacy, and fair treatment of all parties involved, ensuring a just and equitable legal process.
