W. Va. Code R. § 187-3-11

Current through Register Vol. XLI, No. 50, December 13, 2024

Section 187-3-11 - Discovery

11.1.. Discovery in contested cases shall be conducted in the manner as provided for within the West Virginia Rules of Civil Procedure except as otherwise stated herein. The time periods for discovery as contained in the West Virginia Rules of Civil Procedure shall be shortened as follows:

11.1.1. To the extent that discovery requests are made in conjunction with the complaint or prior to the filing of a responsive pleading, the party shall have a period of forty-five days to respond; and

11.1.2. To the extent that general discovery requests are made otherwise, the time periods shall be shortened to fifteen days rather' than the thirty days as provided for in the West Virginia Rules of Civil Procedure.

11.1.3. Notwithstanding the prior positions, the presiding officer shall be empowered to shorten or enlarge time limitations upon a showing of good cause.

11.2. No respondent shall fail to respond to discovery on the basis of a pending motion to dismiss, motion to strike, or motion for more definite statement filed in response to a complaint unless a motion to quash the discovery or a motion for a protective order against the discovery has been filed.

11.3. No person may utilize a. deposition upon written or oral questions in any proceeding as a substitute for actual testimony unless the presiding officer approves after motion.

11.4. Any party who fails to comply with discovery requests may be subject to an order of the presiding officer compelling discovery or, after such an order has been granted, sanctions which may include, but may not be limited to the following;

11.4.1. Dismissal of the action or entry of default judgment;

11.4.2. An order prohibiting the use of such evidence in the proceeding;

11.4.3. An order requiring the offending party to reimburse the aggrieved party for costs and expenses, including attorney fees if permitted under state law; or

11.4.4. Any other relief which may be just and proper under the circumstances.

W. Va. Code R. § 187-3-11