Q: What statute defines motion for camera review?

A: Under California law, the statute that defines the motion for camera review of privileged information is Evidence Code Section 915(b).

Evidence Code Section 915(b) states:

"When a court is ruling on a claim of privilege under Article 9 (commencing with Section 1040) of Chapter 4 (official information and identity of informer) or under Section 1060 (trade secret) or under subdivision (b) of Section 2018.030 of the Code of Civil Procedure (attorney work product) and is unable to do so without requiring disclosure of the information claimed to be privileged, the court may require the person from whom disclosure is sought or the person authorized to claim the privilege, or both, to disclose the information in chambers out of the presence and hearing of all persons except the person authorized to claim the privilege and any other persons as the person authorized to claim the privilege is willing to have present. If the judge determines that the information is privileged, neither the judge nor any other person may ever disclose, without the consent of a person authorized to permit disclosure, what was disclosed in the course of the proceedings in chambers."

In summary, this statute allows a judge to review the disputed information in private (in camera) to determine if it is truly privileged, without revealing the information to the opposing party, when a claim of official information, trade secret, or attorney work product privilege has been asserted.