South Carolina 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

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.

Unless otherwise stated in the notice of dismissal or stipulation, the dismissal is without prejudice, except that a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or including the same ...

Technology has made cameras in the courtroom less intrusive, and 47 States allow television cameras in trial and/or appellate courts; only Indiana, Mississippi, South Dakota, and the District of Columbia ban cameras in the courtroom.

One still and one video camera may be allowed in each spot. Coming and going: Photographers must not be disruptive. Cameras can be set up only during a recess. Photographers should ask the presiding judge whether they can come and go during the session.

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.

Pursuant to Rule 40(j), SCRCP, the parties agree that if the claim is restored within one year of the date stricken that the statute of limitations will be tolled during the time that the case is stricken and that any unexpired portion of the statute of limitations on the date the case was stricken shall remain and ...

South Carolina Rules of Civil Procedure 52 and 59 allow the family court to alter or amend final orders or judgments. ?A motion to alter or amend the judgment shall be served not later than 10 days after receipt of written notice of the entry of the order.? Rule 59(d),SCRCP.

Opponents also believe that television coverage would also take away from the mystery of the court and cause the public to misinterpret the Court and its processes. Scholars have also debated the constitutionality of legislatively requiring the televising of Supreme Court proceedings.

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South Carolina Motion for In-Camera Hearing