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)
In South Carolina, a motion for an in-camera hearing is a legal request made by one party in a court case to have a private or closed hearing with the judge. This motion allows the parties involved to present sensitive or confidential evidence or information to the court without disclosing it to the opposing party or the public. An in-camera hearing is often sought when dealing with highly private matters such as child custody disputes, cases involving sensitive medical or financial information, or situations where the public disclosure of evidence may harm someone's reputation or privacy. It provides an opportunity for the judge to review the evidence privately and make informed decisions while also protecting the rights and interests of all parties. There are several types of motions for in-camera hearings that can be filed in South Carolina, including: 1. Motion for In-Camera Review of Confidential Documents: This type of motion is used when a party wishes to present documents or records to the court that contain sensitive or confidential information. The party may request that the judge review the documents privately to determine their relevance, admissibility, or any potential harm that might result from publicly disclosing them. 2. Motion for In-Camera Witness Examinations: In certain cases, a party may request that the judge conduct witness examinations in a closed setting. This motion ensures that the witness feels more comfortable and can speak freely without the pressure or intimidation of a public audience. 3. Motion for In-Camera Testimony by a Child: In family law cases involving child custody or visitation, a party may request an in-camera hearing for a child to provide testimony. This motion aims to protect the child's privacy and prevent them from being directly questioned or influenced by the parties involved, while still allowing the court to consider their perspective and welfare when making decisions. 4. Motion for In-Camera Review of Video or Audio Evidence: In cases where video or audio evidence is submitted, such as surveillance footage or recorded conversations, a party may seek an in-camera hearing to preserve the privacy of individuals featured in the recordings. This motion ensures that the judge can assess the relevance and admissibility of the evidence while safeguarding the privacy rights of those involved. It's important to note that the granting of a motion for an in-camera hearing is at the discretion of the judge, who will carefully weigh the need for privacy against the principles of transparency and fairness in each case. The primary objective of such motions is to balance the protection of confidential or sensitive information with the right to a fair and open legal process.
