State v. Rachel

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. See § 804.01(2)(d). Here, it was not clear whether Rachel would call the expert at trial. Thus, the trial court's order allowing discovery was…