Also known as:in camera proceedings · in-camera proceeding · in camera hearing · in camera
Written by attorneys · grounded in primary & secondary sources — see below
A judicial hearing conducted in private, typically in the judge's chambers, to review sensitive or confidential materials without public disclosure. The court uses the proceeding to inspect documents, resolve privilege claims, or handle matters that would otherwise risk exposing protected information.
Sources & Authorities
How it applies
Common Examples
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Editor Annotation Dispute
Ella, an editor at Green Broadcast, used an annotated printout to refresh her recollection while testifying about fact-checking steps. Robert's counsel demanded the full document under Rule 612. Green Broadcast objected that most annotations were unrelated editorial notes and privileged attorney comments. The court examined the printout in camera, excised the unrelated portions, and ordered delivery of only the relevant sections to Robert.
Presidential Records Review
The Administrator sought access to former President Nixon's materials. Nixon asserted privilege over certain communications. The district court conducted an in camera proceeding to inspect the documents and determine which portions could be disclosed without violating executive confidentiality interests.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Dictionaries
Nixon v. Administrator of General Services433 U.S. 425 (1977)
Pentagon Papers Sealing
The government sought to enjoin publication of classified documents. The newspapers resisted. The Court reviewed the materials in camera to assess national security claims before deciding whether public disclosure was warranted.
New York Times Co. v. United States403 U.S. 713 (1971)
Tape Subpoena Privilege Claim
The special prosecutor subpoenaed presidential tapes for use in a criminal trial. The President claimed executive privilege. The district court reviewed the tapes in camera to determine which portions were protected and which must be produced.
United States v. Richard M. Nixon, President of the United States418 U.S. 683, 710 (1974)
Prosecutorial Immunity Materials
Imbler challenged a prosecutor's conduct in a criminal case. The prosecutor asserted immunity. The court examined internal files in camera to evaluate whether the challenged actions fell within protected prosecutorial functions.
Imbler v. Pachtman424 U.S. 409 (1976)
Executive Privilege Logs
Plaintiffs sought discovery from the Vice President. The government withheld documents on privilege grounds. The district court ordered in camera inspection of the logs and materials to assess whether the privilege claims were valid.
Cheney v. United States District Court for the District of Columbia542 U.S. 367 (S.Ct.2004)
Common questions
Frequently Asked
3
When must a court conduct an in camera review under Rule 612?+
When a party claims that a writing used to refresh a witness's memory contains unrelated matter, the court must examine the writing in camera, delete the unrelated portions, and order delivery of the remainder to the adverse party.
Supporting sources
What happens if the producing party objects to an excision after in camera review?+
Any portion deleted over objection must be preserved for the record so that the appellate court can review the trial court's decision.
Supporting sources
Can a court allow disclosure of a plea agreement in camera?+
Yes. For good cause the court may permit the parties to disclose a plea agreement in camera rather than in open court.
Supporting sources
418 U.S. 683, 710 (1974)Evidence
…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…