Arkansas Motion for In-Camera Hearing

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Description

In-Camera refers to a closed and private session of Court or some other deliberating body. The hearing of a trial or hearing, in whole or in part, that is conducted in private and the pubic galleries are cleared and the doors locked, leaving only the judge, the Court clerk, the parties and lawyers and witnesses in attendance. From time to time, there are overriding concerns where the violation of personal privacy combined with the vulnerability of the witness or parties justifies an in camera hearing.


In Camera inspection happens when a judge reviews evidence (depositions, documents, photos and the like) to determine whether it should be provided to other parties. This usually occurs when both sides in a case disagree about whether a certain, usually crucial piece of evidence should come in, meaning (1) is it admissible-is it relevant to the Trier of fact in making a determination of the ultimate issue of the case and (2) is the prejudicial affect to the defendant substantially outweighed by the probative value of the evidence. Any material that is not relevant is not disclosed or may be redacted.


To be entitled to an in camera inspection, the defendant must make a preliminary showing that the sought-after evidence is material to his or her defense. State v. Shiffra, 175 Wis. 2d 600 (Wis. Ct. App. 1993)



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FAQ

The best-evidence rule, Rule 1002 of the Arkansas Rules of Evidence, provides: ?[t]o prove the content of a writing, ? the original writing ? is required, except as otherwise provided in these rules or by [rules adopted by the Supreme Court of this state or by] statute.? Ark. R. Evid.

Rule 411 - Admissibility of evidence of victim's prior sexual conduct (a) As used in this rule, unless the context otherwise requires, "sexual conduct" means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined by Ark. Code Ann.

802. Hearsay is not admissible unless any of the following provides otherwise: (a) case law, (b) a statute, or (c) a rule prescribed by the Supreme Judicial Court.

Rule 8.1, "Prompt First Appearance," provides that "an arrested person who is not released by citation or by other lawful manner shall be taken before a judicial officer without unnecessary delay."z7 At the first appearance, the judicial officer must inform the defendant that: (1) he is not required to say anything, ...

Hearsay is not admissible unless any of the following provides otherwise: a federal statute; these rules; or. other rules prescribed by the Supreme Court.

Rule of Evidence 802 excludes all ?hearsay? from being admissible. Rule 801 defines hearsay as a statement made outside of courtroom testimony that is offered to prove that what the statement says is true.

For the purpose of attacking the credibility of a witness, evidence that he has been convicted of a crime is admissible but only if the crime (1) was punishable by death or imprisonment in excess of one year under the law under which he was convicted or (2) involved dishonesty or false statement regardless of the ...

Arkansas Rules of Evidence Evidence is what the judge allows to be heard and considered. Evidence might be physical exhibits, such as photographs or bruises. A witness's testimony is evidence, whether that testimony is given in court or in a deposition.

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Arkansas Motion for In-Camera Hearing