New Mexico 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

Nearly every state in the union has provisions to allow the media to use video cameras and microphones in courtrooms in some circumstances. In some, cameras are a routine sight at the trial court level. In others, the state's appellate courts or supreme court have cameras, operated by the courts themselves.

While cameras may be allowed, the courts are presumed closed to cameras unless a judge grants permission for photography, broadcasting, streaming or recording of any kind. The judge may have wide latitude to rule in either direction.

Some argue that use of media during courtroom proceedings presents a mockery of the judicial system, though the issue has been contested at length. There are concerns that the presentation and consideration of evidence may be affected by the presence of cameras influencing the behavior of court participants.

Cameras and any other devices with integrated cameras are not allowed. All cell phones and other devices must be silenced when in a courtroom.

Rule 1-004(F)(3) provides that service may be made by delivering a copy of the summons and complaint to the person apparently in charge of the actual place of business of the defendant and mailing a copy of the summons and complaint to the defendant both at the defendant's last known mailing address and also the ...

Representing Yourself in Court: "Pro Se Litigant" means you are pursuing or defending a case in court without having your own attorney. The Court attempts to help pro se litigants with certain basic information concerning the filing and development of their cases.

"Filing" shall include filing a facsimile copy or filing an electronic copy as may be permitted under Rule 1-005.1 NMRA or Rule 1-005.2 NMRA. If a party has filed a paper using electronic or facsimile transmission, that party shall not subsequently submit a duplicate paper copy to the court.

While cameras may be allowed, the courts are presumed closed to cameras unless a judge grants permission for photography, broadcasting, streaming or recording of any kind. The judge may have wide latitude to rule in either direction. There's a natural tension between constitutional rights when there is a dispute.

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New Mexico Motion for In-Camera Hearing