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Name: People v. Superior Court (Cheek)
Case #: H022919
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 12/21/2001
Subsequent History: None
Summary

The Civil Discovery Act of 1986 (Code of Civil Proc., sec. 2016 et seq) applies to proceedings under the Sexually Violent Predator Act, and thus the deposition method of discovery is available. However, the scope of discovery in SVPA proceedings is limited by the two narrow issues presented at trial: 1)whether the person to be committed has been convicted of a sexually violent offense against two or more victims; and 2) whether the person has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent sexual behavior.