Texas 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

21b. If any party fails to serve on or deliver to the other parties a copy of any pleading, plea, motion, or other application to the court for an order in ance with Rules 21 and 21a, the court may in its discretion, after notice and hearing, impose an appropriate sanction available under Rule 215-2b.

Three Government attorneys discuss Federal Rules 607, 608, 609, 610, 611, 612, and 613 pertaining to witnesses and suggest how prosecuting attorneys can apply them during cross-examination. Rule 607 asserts that a witness's credibility can be attacked by any party, including the party calling the witness.

Any party, including the party that called the witness, may attack the witness's credibility.

A witness may testify to a matter only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter. Evidence to prove personal knowledge may consist of the witness's own testimony.

The attorney?client privilege is found at Texas Rule of Evidence 503, and its application in federal courts is governed by Federal Rule of Evidence 501. The purpose of the attorney? client privilege is to encourage free discussion between a lawyer and client.

At a party's request, the court must order witnesses excluded so that they cannot hear other witnesses' testimony.

Attacking credibility extrinsically. Except as otherwise provided by legislation: (1) Extrinsic evidence to show a witness' bias, interest, corruption, or defect of capacity is admissible to attack the credibility of the witness.

Evidence of a witness's conviction is not admissible under this rule if, after receiving from the adverse party a timely written request specifying the witness, the proponent of the conviction fails to provide sufficient written notice of intent to use the conviction.

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Texas Motion for In-Camera Hearing