In the Matter of the Civil Commitment of P.D. (083027)(Essex County & Statewide) (New Jersey 2020)

Summary

The Supreme Court of New Jersey held that a person facing a civil commitment hearing under the Sexually Violent Predator Act (SVPA) may not use the general civil discovery rules (Rule 4:10-1, 4:17-1, 4:18-1). However, the Court created a limited discovery scheme focused on the State's burden of proof, enumerating specific categories of documents and expert reports that must be disclosed before the hearing. The trial court's denial of broader discovery was affirmed and the case remanded for compliance with the new rule.

Holding

Whether a person facing an SVPA civil commitment hearing may obtain discovery under the general civil discovery rules (Rule 4:10-1, Rule 4:17-1, Rule 4:18-1).. A person facing a civil commitment hearing under the SVPA may not take discovery under Rule 4:10-1, Rule 4:17-1, or Rule 4:18-1.

Whether Rule 4:74-7 governs discovery in SVPA civil commitment proceedings.. Rule 4:74-7 does not govern civil commitment proceedings under the SVPA.

Whether limited discovery is required under the SVPA and, if so, what categories of information must be disclosed.. A person subject to an SVPA civil commitment hearing is entitled to limited discovery focused on the elements of the State’s burden of proof, specifically the production of certain documents and the service of expert reports as enumerated by the Court.

Whether additional discovery beyond the limited categories may be obtained upon a showing of exceptional circumstances.. Additional discovery beyond the enumerated categories may be obtained only by motion on notice to the State, showing exceptional circumstances, and is subject to the trial court’s discretion.

Summary

Holding

Cited authorities