Rule 32.03 - Discovery Conference At every arraignment at which the defendant enters a plea of not guilty or at any other time set by the court, the attorney for the defendant shall notify the court and the attorney for the State, on the record or thereafter in writing, whether discovery by the defendant is requested. If discovery is requested, within fourteen (14) days the attorney for the defendant and the attorney for the State shall confer in order to comply with W.Va. R.Crim.P. 16, and make available to the opposing party the items in their custody or control or which by due diligence may become known to them. This conference shall be in person. If, however, it is impractical to meet in person, the conference may be conducted via telephone.
The State's right to request discovery from a defendant is triggered only if the defendant initially seeks discovery, and is confined to the particular area in which the defendant has sought discovery. Additionally, the State must have complied with the defendant's initial request before it can request discovery.
(a)Discovery from the State. Unless otherwise limited by the defendant, upon request by counsel for the defendant and at the discovery conference, the attorney for the State shall comply with the State's obligations under W.Va. R.Crim.P. 16, including, but not limited to, the following: (1) permit defendant's attorney to inspect and copy or photograph any relevant written or recorded statements or confessions made by the defendant, or copies thereof, within the possession, custody, or control of the government; (2) with respect to oral statements made by the defendant whether before or after arrest in response to interrogation by any person then known to the defendant to be a State or government agent: (a) provide that portion of any written record containing the substance of any such relevant oral statement made by the defendant; and (b) provide the substance of any other such relevant oral statement made by the defendant which the State intends to offer in evidence at the trial; (3) furnish to the defendant's attorney a copy of his or her prior criminal record as provided for in W.Va. R. Crim. P. 16(a)(B); (4) permit the defendant's attorney to inspect and copy documents and tangible objects as provided for in W.Va. R. Crim. P. 16(a)(1)(C); (5) permit the defendant's attorney to inspect and copy or photograph any results or reports of examinations and tests as provided for in W.Va. R. Crim. P. 16(a)(1)(D); (6) permit defendant's attorney to inspect and copy or photograph any photographs used in any photograph lineup, show up, photo spread, or any other identification proceedings or, if no such photographs can be produced, the attorney for the state shall notify the defendant's attorney whether any such identification proceeding has taken place and the results thereof; (7) permit defendant's attorney to inspect and copy or photograph any search warrants and supporting affidavits which resulted in the seizure of evidence which is intended for use by the State as evidence in its case in chief at trial or which was obtained from, or belongs to, the defendant; (8) inform the defendant's attorney whether any physical evidence intended to be offered in the State's case in chief, that was in the possession of or belongs to the defendant, was seized by the State without a warrant; (9) advise whether the defendant was a subject of any electronic eavesdrop, wiretap, or any other interception of wire or oral communications, as defined by W.Va. Code §§ 62-1D-1 et seq., during the course of the investigation of the case; (10) provide the defendant's attorney with a list of the names and addresses of all State witnesses, together with any record of prior convictions of any such witnesses as provided for in W.Va. R. Crim. P. 16(a)(1)(F); (11) disclose to the defendant's attorney all information relating to expert witnesses for the State as provided for in W.Va. R. Crim. P. 16(a)(1)(E); (12) permit the attorney for the defendant and any expert selected by the defense to inspect any vehicle, vessel, or aircraft that was allegedly utilized in the commission of any offenses charged if said vehicle, vessel or aircraft is in the custody of any State authority; and (13) provide to the attorney for the defendant any copies of latent fingerprints, or prints of any type, that have been identified by a State expert as those of the defendant. (b)Discovery from Defendant. Upon request by the State and within ten (10) days after the State has provided the discovery requested by the defense, unless otherwise directed by the court, the defendant's attorney shall: (1) permit the attorney for the State to inspect and copy documents and tangible objects as provided for in W.Va. R. Crim. P. 16(b)(1)(A); (2) permit the attorney for the State to inspect and copy or photograph any results or reports of examinations and tests as provided for in W.Va. R. Crim. P. 16(b)(1)(B); (3) inform the attorney for the State, in writing, if requested, notice of any alibi defense and other information pertaining thereto as provided for in W.Va. R. Crim.P. 12.1; (4) provide the attorney for the State, in writing, with notice of any insanity defense and other information pertaining thereto as provided for in W.Va. R. Crim. P. 12.1; (5) provide the attorney for the State a list of the names and addresses of the witnesses whom the defense intends to call as provided for in W.Va. R. Cri. P. 16(b)(1)(D); and (6) disclose to the attorney for the State all information relating to expert witnesses for the defendant as provided for in W.Va. R. Crim. P. 16(b)(1)(C). W.Va. Trial. Ct. R. 32.03