SLR 9-4.012: In-Camera Review

(1) All motions for in-camera reviews must be filed as follows: (a) If the entry of plea where the defendant pled not guilty is more than 60 days prior to the trial setting, then at least 45 days prior to trial. (b) If the entry of plea where the defendant pled not guilty is 60 days or less prior to the trial setting, then within 7 after the entry of plea. (c) If trial dates are continued, then at least 60 days prior to trial. (2) A motion for in-camera review must contain the following information: (a) The specific entity the moving party is seeking records from; (b) The specific type or category of records being sought; (c) A specific time period of when the records were created that is being sought; (d) A description why the moving party believes the evidence sought is favorable and material; (e) A description why the moving party has a reasonable belief the items reviewed might yield the evidence being sought; and (f) Sufficient guidance to the court to conduct the review. (3) A proposed order must be filed with a motion for in camera review. Such order must include: (a) A place for a judge to deny the motion and space for the judge to delineate the reasoning for the denial. (b) A place for a judge to grant the motion and a space for the judge to indicate: i. All records to be subpoenaed are consistent with the motion; or ii. A place for a judge to delineate records to be subpoenaed different then the records requested in the motion; and iii. A place for court staff to insert the date and time for subpoenaed party to respond to the subpoena.