Written by attorneys · grounded in primary & secondary sources — see below
A sworn statement submitted to the court for private judicial review outside the presence of opposing parties or the public. The device permits the court to inspect sensitive or privileged material and determine what portions if any must be disclosed or redacted while preserving confidentiality of unrelated content.
Sources & Authorities
How it applies
Common Examples
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Refreshing Recollection with Annotated Notes
Ella reviewed her annotated printout the night before testifying about verification steps. When Robert demanded the full document under Rule 612, Green Broadcast objected that most annotations were unrelated editorial notes. The court examined the printout in camera, excised the unrelated portions, and ordered delivery of only the fact-checking annotations to Robert.
Presidential Tape Subpoena Dispute
The special prosecutor subpoenaed Oval Office tapes for use in a criminal trial. President Nixon asserted executive privilege over the recordings. The district court reviewed the tapes in camera to determine which portions were relevant and not privileged before ordering production of the remainder.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Hornbooks
United States v. Richard M. Nixon, President of the United States418 U.S. 683, 710 (1974)
Former President Records Review
The Administrator sought custody of Nixon's presidential materials. Nixon claimed the materials contained privileged communications. The court conducted an in camera review of the documents to separate personal and political items from official records before authorizing public access to the non-privileged portions.
Nixon v. Administrator of General Services433 U.S. 425 (1977)
Vice Presidential Records Subpoena
Plaintiffs subpoenaed documents from the Vice President's energy task force. The government asserted deliberative-process privilege. The district court examined the documents in camera to decide which materials were protected and which must be produced under the Federal Advisory Committee Act.
Cheney v. United States District Court for the District of Columbia542 U.S. 367 (S.Ct.2004)
Enemy Combatant Classification Review
Hamdi challenged his detention as an enemy combatant. The government submitted the Mobbs Declaration describing his capture and interviews. The court reviewed the declaration in camera to assess whether it provided sufficient evidence of combatant status while protecting national-security details.
Hamdi v. Rumsfeld542 U.S. 507, 124 S. Ct. 2633, 159 L. Ed. 2d 578 (2004)
Trial Access and Sealing Order
A newspaper sought access to a criminal trial involving a minor victim. The trial court closed portions of the proceedings and sealed certain records. The reviewing court examined the sealed materials in camera to determine whether the closure order was narrowly tailored to protect the victim's privacy.
Globe Newspaper Co. v. Superior Court457 U.S. 596 (1982)
Common questions
Frequently Asked
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When must a court conduct in camera review of a writing used to refresh a witness's recollection?+
Under Rule 612(b), once the producing party claims that the writing contains unrelated matter, the court must examine the document in camera, delete the unrelated portions, and order delivery of the remainder to the adverse party while preserving any deleted material for the record.
Supporting sources
What happens if the government refuses to produce a statement after an in camera inspection in a criminal case?+
Rule 26.2(c) requires the court to strike the witness's testimony or declare a mistrial if the prosecution fails to deliver the redacted statement after the court has excised privileged or unrelated portions following in camera review.
Supporting sources
How does an in camera declaration function in FOIA exclusion cases?+
Agencies submit an in camera declaration describing the FOIA request and the basis for any exclusion. The court reviews the declaration privately and issues a public opinion stating only that a full review occurred and that any exclusion was justified, without revealing whether an exclusion was actually used.
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…