Rule 4:74-7B.Discovery by a Person Subject to Involuntary Commitment Pursuant to the Sexually Violent Predator Act

Last amended September 10, 2020 · Current through June 18, 2026 · Last verified July 7, 2026

In one sentenceRule 4:74-7B gives a person facing continued commitment under the Sexually Violent Predator Act, and that person's counsel, the right to inspect the State's records and expert reports at least 10 days before the commitment hearing, with any further discovery requiring a motion and a showing of exceptional circumstances.

Full Text of Rule 4:74-7B

Text sizeJump to: (a) (b)

(a) Any rule, regulation, or policy of confidentiality notwithstanding, a person subject to involuntary commitment pursuant to the New Jersey Sexually Violent Predator Act, N.J.S.A. 30:4-27.24 to -27.38, and the person’s counsel, shall have the right to inspect and copy the following documents, no later than ten days before the court hearing with respect to the issue of continuing need for involuntary commitment as a sexually violent predator:

(1) all documents in the possession, custody, or control of the State relating to the person’s criminal history;

(2) all documents in the possession, custody, or control of the State relating to the person’s incarceration;

(3) all documents in the possession, custody, or control of the State relating to the person’s treatment, if any;

(4) all documents in the possession, custody, or control of the State relating to the basis for the State’s application for the person’s civil commitment pursuant to N.J.S.A. 30:4-27.29 to 27.32;

(5) if the person is subject to an annual review hearing pursuant to N.J.S.A. 30:4-27.35, all documents in the possession, custody, or control of the State relating to the person’s treatment and conduct while committed to a facility designated for the custody, care, and treatment of sexually violent predators;

(6) the name and address of each person whom the State expects to call at the civil commitment court hearing as an expert witness, the expert’s qualifications, and a copy of the expert’s report. The State may supplement its expert psychiatrist’s report when an examination is conducted “as close to the court hearing date as possible, but in no event more than five calendar days prior to the court hearing,” pursuant to N.J.S.A. 30:4-27.30(b). Any such supplemental report must be served no later than two calendar days before the court hearing. In the expert’s report, the expert shall state the opinion, explain the basis for that opinion, identify any diagnosis relevant to the opinion and the basis for that diagnosis, identify any risk assessment instrument that the expert has used in the evaluation of the person, explain the manner in which the risk assessment instrument was used in the particular case, address any relevant static and dynamic factors, and summarize any findings with respect to the likelihood that the person will engage in acts of sexual violence if not confined to a secure facility for control, care, and treatment.

(b) If the person whom the State seeks to civilly commit pursuant to the Sexually Violent Predator Act seeks discovery in addition to the discovery set forth above, the person must proceed by motion on notice to the State, which motion shall be granted only on a showing of exceptional circumstances.

End

Amendment History

New Jersey publishes each rule’s amendment record in a “History” note beneath the rule. It is reproduced verbatim below; the “R.R.” citations refer to the former Revised Rules numbering the current rules replaced.

Adopted September 9, 2020 to be effective September 10, 2020.

Plain-English Summary

Someone the State seeks to keep committed as a sexually violent predator doesn't have to take the State's case on faith. At least 10 days before the hearing, that person and counsel can inspect and copy the State's records on the person's criminal history, incarceration, treatment, and the basis for the commitment application, along with the name, qualifications, and full written report of any expert the State plans to call.

Anything beyond that standard discovery package takes more effort — a motion on notice to the State, granted only if the person can show exceptional circumstances justify it.

Frequently Asked Questions

What records can a person facing sexually-violent-predator commitment obtain from the State?

Records on the person's criminal history, incarceration, and treatment, the basis for the commitment application, and the qualifications and written report of any expert witness, at least 10 days before the hearing.

Can a committed person seek discovery beyond what the rule automatically provides?

Yes, but only by motion on notice to the State, granted upon a showing of exceptional circumstances.

Source & verification. The rule text and amendment history are reproduced verbatim from the official New Jersey Rules of Court (N.J. Ct. R. 4:74-7B). Prescribed by the Supreme Court of New Jersey (N.J. Const. art. VI, § 2, ¶ 3). The plain-English summary is original and written by us. Last verified July 7, 2026. · Official source

Also known as: sexually violent predator discoverySVP Act commitment discovery