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Name: Leake v. Superior Court
Case #: C036542
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/06/2001
Subsequent History: Rev. den. 5/23/01

The Civil Discovery Act of 1986 applies to Sexually Violent Predator Act. The Discovery Act applies to civil proceedings and an SVPA proceeding is civil in nature. There is no statutory language exempting the SVPA from the Discovery Act. A comparison of the Mentally Disordered Offender Act (which states that the rules of criminal discovery also apply) indicates the Legislature knows how to choose other methods of discovery than the Discovery Act, but did not do so in the SVPA. The Court distinguished a case holding civil discovery did not apply in delinquency proceedings. Unlike SVPA proceedings, delinquency proceedings are quasi-criminal, and often involve a loss of freedom for much longer than the two-year commitment of the SVPA.