Written by attorneys · grounded in primary & secondary sources — see below
A private judicial examination of documents or proceedings conducted outside public view. The court reviews sensitive material to determine relevance, privilege, or admissibility before deciding what portions may be disclosed.
Sources & Authorities
How it applies
Common Examples
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Refreshing Recollection Annotations
Christian Coleman testified about verification steps and asked to review his annotated printout. The opposing party demanded the full document. The court examined the annotations in camera, redacted unrelated editorial notes, and ordered delivery of only the fact-checking portions.
Detainee Statement Review
Caleb Chang sought production of interrogation notes in his habeas case. The government resisted on national-security grounds. The district court ordered the materials produced for in camera inspection to assess whether any portions supported the detainee's claims.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Dictionaries
Hamdi v. Rumsfeld542 U.S. 507, 124 S. Ct. 2633, 159 L. Ed. 2d 578 (2004)
Presidential Tape Inspection
Christopher Collins subpoenaed Oval Office recordings for a criminal trial. The President asserted executive privilege. The Court directed that the tapes be submitted for in camera review so the trial judge could excise any truly privileged segments.
United States v. Richard M. Nixon, President of the United States418 U.S. 683, 710 (1974)
Performance Footage Dispute
Curtis Cannon sued a broadcaster that aired his entire human-cannonball act. The station claimed fair use. The court reviewed the fifteen-second clip in camera to determine how much of the performance had actually been shown and whether the broadcast appropriated the act's commercial value.
Zacchini v. Scripps-Howard Broadcasting Co.433 U.S. 562 (1977)
Dash-Cam Video Analysis
Corinne Cho challenged the constitutionality of a police chase captured on video. The district court viewed the dash-cam footage in camera to evaluate whether the officer's actions were objectively reasonable under the circumstances.
Scott v. Harris550 U.S. 372 (2007)
Copyright Infringement Screening
Craig Caldwell alleged that a studio's time-shifting technology infringed his copyrights. The court examined sample recordings in camera to assess whether the technology merely enabled private viewing or facilitated unauthorized public distribution.
Sony Corp. of America v. Universal City Studios, Inc.464 U.S. 417, 435 & n.17 (1984)
Common questions
Frequently Asked
3
When must a court conduct in camera review under Rule 612?+
Rule 612(b) requires in camera inspection whenever the producing party claims that a writing used to refresh recollection contains unrelated matter. The court deletes only the unrelated portions and orders delivery of the rest to the adverse party.
Supporting sources
Does in camera review always result in disclosure to the adverse party?+
No. After examining the material in camera the court may determine that nothing relates to the witness's testimony or that the entire document is privileged, in which case no disclosure occurs.
Supporting sources
What happens if the government refuses to produce material after an in camera order in a criminal case?+
If the producing party refuses production after the court orders disclosure of the non-privileged or related portions, the court must strike the witness's testimony or declare a mistrial when justice so requires.
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…