Also known as: in-camera · in chambers
Written by attorneys · grounded in primary & secondary sources — see below
A judicial proceeding or inspection conducted privately by the court without the presence of the public, jury, or opposing parties. The procedure permits a judge to review sensitive materials such as writings used to refresh recollection or privileged documents to determine relevance, privilege, or the need for redaction before any disclosure occurs. Any portion found unrelated or protected remains sealed and preserved for the record.
Ella testified at trial that she could not recall the exact sequence of verification steps without her annotated printout. Green Broadcast produced the document but claimed most annotations were unrelated editorial notes and privileged attorney comments. The court examined the printout privately, excised the unrelated portions, and ordered only the fact-checking annotations delivered to opposing counsel.
The special prosecutor subpoenaed tapes of presidential conversations for a criminal investigation. The President asserted an absolute privilege against disclosure. The court directed that the tapes be submitted for private judicial review to assess whether any portions were protected by executive privilege or instead required production.
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The government sought to enjoin publication of historical documents already widely circulated. It submitted an in-camera brief listing the materials. The reviewing justice examined the list privately and determined that all items were historical rather than current national-security information.
The state moved to close portions of a criminal trial involving a minor sexual-assault victim. The court conducted a private hearing to weigh the victim's privacy interests against the public's right of access. After the hearing the court ordered limited closure supported by specific findings.
A defendant sued a former prosecutor for alleged misconduct during a criminal case. The prosecutor claimed absolute immunity. The court reviewed the prosecutor's internal files privately to determine which actions were intimately associated with the judicial phase of the criminal process.
A private group sought permission to erect a religious display on public property. The state board denied the request citing Establishment Clause concerns. The court examined the board's internal decision documents privately to evaluate whether the denial was content-based or viewpoint-neutral.
Rule 612(b) requires the court to examine the writing in camera once the producing party claims that it contains matter unrelated to the witness's testimony. The court then deletes unrelated portions and orders delivery of the remainder to the adverse party.
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Any portion deleted over objection must be preserved for the record under seal so that an appellate court can review the excision decision if necessary.
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No. Production for in-camera inspection under protective procedures does not significantly diminish confidentiality when the claim rests only on a generalized interest rather than military or diplomatic secrets.
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Yes. After conducting an in-camera hearing the court may order limited closure of trial proceedings when an overriding interest such as protecting a minor victim's privacy is shown by specific findings.
…in confidentiality and does not implicate military, diplomatic, or other sensitive national security secrets, production for in camera inspection under protective procedures does not significantly diminish confidentiality, and an absolute privilege would conflict with the judicial function. The judicial role in criminal…