SLR 4-4.016: IN CAMERA REVIEW OF RECORDS

(1) In Camera Review of Subpoenaed Records (a) Except as provided in subsection (2), parties seeking an in camera review of documents in a criminal action may serve a subpoena duces tecum on the agency in possession of the records sought, along with a protective order when required. Parties may obtain a protective order after consulting with opposing counsel and presenting a proposed order at the Presiding Judge’s ex parte docket. (b) The subpoena duces tecum shall direct documents to Court Records, Room 03315 of the courthouse for cases that will be heard in any courtroom in that facility. (c) The party seeking production of the records shall file a motion supported by a memorandum which includes a description of the records to be reviewed, the information the party seeks to discover contained in the records, and the legal authority for production of the information contained in the records. The motion to file the memorandum under seal may be made at the ex parte docket and the memorandum may be filed under seal only as provided in SLR 4.165. (d) Parties must contact Criminal Calendaring to place the motion on the docket. Misdemeanor cases will be calendared on the Criminal Procedure Court (CPC) docket. Felony cases will be calendared on the Presiding Judge’s Short Matters call docket for assignment the following day. Motions for cases proceeding in the East County Courthouse will be set on the appropriate judge’s calendar for hearing. (e) The subpoena duces tecum may direct documents to be produced to the Court Records Room on the same day on which the case is scheduled to be heard. Once a judge is assigned, the records will be sent to the judge assigned to conduct the in camera inspection (2) Subpoena Duces Tecum for Victim Records (a) A defendant seeking victim records shall file a motion and set a hearing with the court as provided in subsection (1) prior to issuing a subpoena duces tecum to the record holder. (b) Except when seeking victim records with a qualified protective order, 14-days’ written notice must be given to all parties to the action and to the victim prior to the hearing to allow the victim an opportunity to move to quash or modify the subpoena or otherwise object, unless the court orders less time. (c) “Victim records” are records that contain personal or confidential information about a victim, including, but not limited to, medical, psychological or school records, and / or records that relate to the physical or mental health or condition of the victim.