980.036 Discovery and inspection.

796 words·~4 min read·/wi/chapter-980/980-036

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)Definitions. In this section:

(a)“Person subject to this chapter” means a person who is subject to a petition filed under s. 980.02 or a person who has been committed under s. 980.06 .

(b)“Prosecuting attorney” means an attorney representing the state in a proceeding under this chapter.

(2)What a prosecuting attorney must disclose to a person subject to this chapter. Upon demand, a prosecuting attorney shall disclose to a person subject to this chapter or his or her attorney, and permit the person subject to this chapter or his or her attorney to inspect and copy or photograph, all of the following materials and information, if the material or information is within the possession, custody, or control of the state:

(a)Any written or recorded statement made by the person subject to this chapter concerning the allegations in the petition filed under s. 980.02 or concerning other matters at issue in the trial or proceeding and the names of witnesses to the written statements of the person subject to this chapter.

(b)A written summary of all oral statements of the person subject to this chapter that the prosecuting attorney plans to use at the trial or proceeding and the names of witnesses to the oral statements of the person subject to this chapter.

(c)Evidence obtained in the manner described under s. 968.31

(b), if the prosecuting attorney intends to use the evidence at the trial or proceeding.

(d)A copy of the criminal record of the person subject to this chapter.

(e)A list of all witnesses whom the prosecuting attorney intends to call at the trial or proceeding, together with their addresses. This paragraph does not apply to rebuttal witnesses or witnesses called for impeachment only.

(f)Any relevant written or recorded statements of a witness listed under par.

(e), including all of the following:

1. Any videotaped oral statement of a child under s. 908.08 .

2. Any reports prepared in accordance with s. 980.031

(5).

(g)The criminal record of a witness listed under par.

(e)that is known to the prosecuting attorney.

(h)The results of any physical or mental examination or any scientific or psychological test, instrument, experiment, or comparison that the prosecuting attorney intends to offer in evidence at the trial or proceeding, and any raw data that were collected, used, or considered in any manner as part of the examination, test, instrument, experiment, or comparison.

(i)Any physical or documentary evidence that the prosecuting attorney intends to offer in evidence at the trial or proceeding.

(j)Any exculpatory evidence.

(3)What a person subject to this chapter must disclose to the prosecuting attorney. Upon demand, a person who is subject to this chapter or his or her attorney shall disclose to the prosecuting attorney, and permit the prosecuting attorney to inspect and copy or photograph, all of the following materials and information, if the material or information is within the possession, custody, or control of the person who is subject to this chapter or his or her attorney:

(a)A list of all witnesses, other than the person who is subject to this chapter, whom the person who is subject to this chapter intends to call at the trial or proceeding, together with their addresses. This paragraph does not apply to rebuttal witnesses or witnesses called for impeachment only.

(b)Any relevant written or recorded statements of a witness listed under par.

(a), including any reports prepared in accordance with s. 980.031

(5).

(c)The criminal record of a witness listed under par.

(a)if the criminal record is known to the attorney for the person who is subject to this chapter.

(d)The results of any physical or mental examination or any scientific or psychological test, instrument, experiment, or comparison that the person who is subject to this chapter intends to offer in evidence at the trial or proceeding, and any raw data that were collected, used, or considered in any manner as part of the examination, test, instrument, experiment, or comparison.

(e)Any physical or documentary evidence that the person who is subject to this chapter intends to offer in evidence at the trial or proceeding.

(3m)When disclosure must be made. A party required to make a disclosure under this section shall do so within a reasonable time after the probable cause hearing and within a reasonable time before a trial under s. 980.05 , if the other party’s demand is made in connection with a trial. If the demand is made in connection with a proceeding under s. 980.08 or 980.09

(3), the party shall make the disclosure within a reasonable time before the start of that proceeding.