W.Va. Trial. Ct. R. 43.02

As amended through January 31, 2024
Rule 43.02 - Disclosure
(a) The time requirements of this rule may be modified by the court for good cause, except that the ten (10)-day period in TCR 44.01(a) may not be reduced to a period of less than five (5) days prior to sentencing without the consent of the defendant.
(b) Nothing in this rule requires the disclosure of any portions of the presentence report that may not be disclosed under W.Va. R.Cr.P. 32. Subject to the limitations in W.Va. R.Cr.P. 32(c)(3)(A) and (B), upon request of counsel, the probation officer shall provide to counsel all underlying public record information pertaining to the defendant that was gathered by documents obtained and used in the preparation of the presentence report.
(c) The presentence report shall be deemed to have been disclosed (1) when a copy of the report is physically delivered to counsel or (2) three (3) days after a copy of the report is mailed to counsel. When the defendent is unrepresented or is represented by standby counsel, delivery or mailing shall be made to the defendant.

W.Va. Trial. Ct. R. 43.02