South Dakota 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

A motion for reconsideration is not a separate and appealable order. Rather, it is ?an invitation to the court to consider exercising its inherent power to vacate or modify its own judgment.? Breeden v. , 598 NW2d 441, 444 ( 1999).

An accused in a criminal proceeding has a privilege to prevent his spouse from testifying as to any confidential communication between the accused and the spouse.

An individual who is a party to an in-person, telephone or electronic conversation, or who has the consent of one of the parties to the conversation, can lawfully record it. S.D. Codified Laws § 23A-35A-20.

Any person who possesses, possesses with intent to distribute, sells, or distributes a substance knowing that it is to be used in violation of § 22-42-15 is guilty of a Class 1 misdemeanor. Source: SL 2011, ch 118, § 1.

Status hearing ? A hearing in which the judge assesses the progress of the case or addresses problems the parties are having. Statute ? A statute is a formal written law. Federal statutes are found in the United Stated Code. South Dakota statutes are found in South Dakota Codified Laws.

California Code, Evidence Code - EVID § 402 (c) A ruling on the admissibility of evidence implies whatever finding of fact is prerequisite thereto; a separate or formal finding is unnecessary unless required by statute.

19-19-402 Relevant evidence generally admissible--Irrelevant evidence inadmissible. 19-19-403 Excluding relevant evidence for prejudice, confusion, waste of time, or other reasons. 19-19-404 Character evidence--Crimes or other acts. 19-19-405 Methods of proving character.

The following is an example of evidence that would likely be found to be irrelevant: the fact that the defendant had been seen drunk at a party (not driving) a month before her arrest for driving while intoxicated. Even relevant evidence may not be admissible in all cases.

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South Dakota Motion for In-Camera Hearing