In camera review requires the producing party to submit disputed documents to the court for private examination. The court determines whether the asserted protection applies without disclosing the contents to the challenging party.
Courts have discretion whether to conduct it.
Alternative Names:
In Camera Inspection, Judicial Review of Documents
Why it Matters?
Offering in camera review is usually the stronger position when a privilege log is challenged, because it demonstrates confidence in the assertions and avoids litigating the claim on descriptions alone. Volume is the constraint, since courts will not examine thousands of documents. Proposing a representative sample is more likely to be accepted than submitting the entire withheld population, and the sample result frequently resolves the broader dispute.
Frequently Confused with
Related terms
Frequently asked questions
Should a party offer in camera review?
How should volume be handled?
