Also known as: in-camera sitting · in camera sittings · in camera · in camera hearing
Written by attorneys · grounded in primary & secondary sources — see below
A court session conducted by a judge in chambers or elsewhere outside the public courtroom. The procedure permits private judicial examination of sensitive materials while preserving the record for appeal.
Ella, an editor at Green Broadcast, testified at trial and used an annotated printout to refresh her recollection about fact-checking steps. When opposing counsel demanded the full document under Rule 612, Green Broadcast objected that many annotations were unrelated editorial notes. The judge held an in camera sitting in chambers, examined the printout, redacted the unrelated portions, and ordered delivery of the remainder to counsel.
Igor Ito, a researcher, sued for access to former President Nixon's materials held by the Administrator of General Services. The government asserted privilege over certain tapes and documents. The district judge scheduled an in camera sitting to review the materials privately and determine which portions could be released without compromising executive confidentiality.
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The New York Times sought to publish classified documents. The government moved to enjoin publication on national security grounds. The district judge conducted an in camera sitting to examine the documents and assess whether their release would cause irreparable harm before deciding on the injunction.
The special prosecutor subpoenaed President Nixon's Oval Office tapes for use in a criminal trial. Nixon claimed absolute executive privilege. The Supreme Court directed that any disputed tapes be submitted for an in camera sitting so the district judge could excise irrelevant or privileged portions while preserving the record.
Plaintiffs sought discovery of Vice President Cheney's energy task force documents. The government resisted on separation-of-powers grounds. The district judge ordered an in camera sitting to inspect the materials and decide whether limited disclosure was required without exposing deliberative processes.
A defendant sued prosecutor Pachtman for alleged misconduct during a criminal trial. Pachtman asserted absolute immunity. The district judge held an in camera sitting to review sealed investigative files and determine whether any evidence supported an exception to immunity before ruling on the motion to dismiss.
Rule 612(b) requires an in camera sitting when a party claims that a writing used to refresh a witness's memory contains unrelated matter. The judge examines the document privately, deletes unrelated portions, and orders delivery of the rest to the adverse party while preserving deleted material for the record.
An in camera sitting allows the judge to inspect potentially privileged materials privately and determine whether the privilege applies or whether redaction or disclosure is appropriate. This protects confidentiality while enabling the court to resolve discovery disputes without public exposure of sensitive content.
No. The judge may redact or withhold portions that are unrelated, privileged, or protected after private review. Any excised material must be preserved under seal for the appellate record, ensuring the procedure balances disclosure with protection of sensitive information.
…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…