W.Va. Trial. Ct. R. 32.09

As amended through January 31, 2024

Rule 32.09 - Additional Motions for Discovery

Except as provided in TCR 32.02, no attorney shall file a discovery motion without first conferring with opposing counsel, and no motion will be considered by the court unless it is accompanied by a certification of such conference and a statement of the moving party's good faith efforts to resolve the subject matter of the motion by agreement with opposing counsel. No additional discovery motions shall be filed for information or material within the scope of this rule unless it is a motion to compel, a motion for protective order, or a motion for an order modifying discovery.

Unless the judicial officer otherwise directs, in lieu of filing the TCR 32.02 material, proof of service on the party to whom the material is directed shall be made by certification of counsel responsible for the case, which certification shall include the name and case number of the case to which it relates, be filed with the clerk of the circuit court, and meet the following minimum requirements for identifying the specific material, provided:

(a) The attorney for the State shall certify that material within the possession or control of the State required by this rule has been provided and identify the categories of material by specific reference to TCR 32.01 and its subparts and TCR 32.02, 32.03, 32.04, 32.05, 32.06, 32.07, 32.08, and 32.09, setting out the number of pages of material so provided as to each said rule.

(b) The attorney for the defendant shall have the same duty as the attorney for the State to certify that material within the possession or control of defendant or his or her counsel required by this rule has been so provided and identify the categories of material by specific references to the applicable rule.

W.Va. Trial. Ct. R. 32.09