Malheur Supp. L. R. 7.004

As amended through June 11, 2024

Rule 7.004 - IN CAMERA REVIEW OF RECORDS

Unless otherwise ordered by the court, a motion for the in-camera review of records by the court shall be presented to the court as follows:

(1) Parties seeking an in-camera review of documents shall file a motion supported by an affidavit which includes the following: a factual and legal summary of the case to enable the reviewing judge to understand the factual and legal issues in the case as related to the records request; a description of the information sought with as much specificity as possible; and the legal basis for the request.

(2) Disclosure of records released will be limited to the attorneys, attorney staff and expert witnesses employed by the attorney. There will be a protective order, as set forth in these rules, issued in each case, prohibiting disclosure of the records or copying of the records, including copies to clients and all other persons without further order of the court. Self-represented litigants will be required to sign the protective order prior to receiving any copies of the documents disclosed by the court.

(3) The party seeking disclosure of the records must provide notice to the person to whom the records pertain to allow the effected person to appear and object to disclosure. Proof of applicable notice must be provided to the court prior to the order being allowed.

(4) The request for in camera review must be raised by motion with opportunity for opposing party to be heard if requested. The requesting party should not simply issue a subpoena for records to be delivered to the court. If this occurs, the court will not review the records.

(5) The request for in camera review should be made as soon as practical, but not later than three weeks prior to trial, contested adjudication, or other hearing where the documents may be used, without leave of the court.

(6) The court requests that whenever possible the records be submitted to court in electronic format, i.e., CD; the released records will be submitted to the attorneys in electronic format through a secure means. At the end of the case, all copies of records shall be returned to the court for destruction. If the court provided the records in a secure format, then an affidavit of destruction indicating that the electronic version of the records has been destroyed shall be filed with the court.

Malheur Supp. L. R. 7.004

Amended effective 2/1/2024.