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STATE v. RACHEL

No. 98-2074.

224 Wis.2d 571 (1999)

591 N.W.2d 920

IN RE the COMMITMENT OF Tory L. RACHEL: STATE of Wisconsin, Petitioner-Respondent, v. Tory L. RACHEL, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided January 27, 1999.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of Donald T. Lang and Labish Bergovoy, assistant state public defenders.

On behalf of the petitioner-respondent, the cause was submitted on the brief of James E. Doyle, attorney general, and Warren D. Weinstein, assistant attorney general.

Before Snyder, P.J., Brown and Nettesheim, JJ.

BROWN, J.

Tory L. Rachel appeals a nonfinal order of the trial court ruling that the findings and conclusions of a court-appointed expert are subject to discovery in a ch. 980, STATS., proceeding. Because the rules of civil procedure, chs. 801 to 847, STATS., govern procedure in ch. 980 proceedings, § 804.01, STATS., applies in this case. Under that section, the report of an expert is not discoverable unless that expert will be called as a witness at trial. ...

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