Discovery,Confidentiality,and In Camera Review: Is It Possible to Serve Two Masters?

Abstract

Discovery is that phase of the litigation process that often involves the exchange of documents between and among parties. Although discovery is meant to be fairly broad as to what must be provided, there are some exceptions. One of these exceptions is psychological records. Psychological records are considered to be of a sensitive and confidential nature, so they are given privilege from the discovery process. Of course, this is not always the circumstance. To avoid confusion regarding when it is or is not proper to turn over psychological records, mental health professionals can request that the court inspect the records privately. This is referred to as “in camera review.” The presiding judge will inspect the records and only give opposing counsel those parts of the record, if any, that may be relevant to the case.