Supreme Court of New Jersey
In the Matter of the Civil Commitment of P.D. (083027)(Essex County & Statewide)
August 11, 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.