W. Va. R. Juve. Proc. 21

As amended through January 31, 2024
Rule 21 - Discovery
(a) Initial Disclosures. The prosecuting attorney shall advise the juvenile's counsel in writing of the following:
(1) Evidence obtained against the juvenile as a result of any search, seizure or electronic forms of recording voice, pictures or both;
(2) Statements made by the juvenile including the names of individuals present at the time of the statement and the relationship, if any, to the juvenile;
(3) Evidence acquired or discovered as a result of the statements referenced in subparagrap (b); and
(4) A narrative of identification procedures involving the juvenile including live or photo lineups.
(b) Disclosures Prior to Adjudication. The prosecuting attorney shall make the following disclosures in anticipation of adjudication:
(1)Witnesses. The name, address and telephone number of witnesses the state intends to call in its case-in-chief, and any prior written or recorded statement of such witnesses.
(2)Statements of Accomplices. Summaries of oral statements and copies of transcribed recorded statements made by accomplices of the juvenile.
(3)Documents and Tangible Objects. Permit the juvenile's counsel to inspect and copy relevant books, papers, documents, photographs and tangible objects that the state intends to introduce at adjudication.
(4)Reports of Examinations and Tests. Provide copies of reports of physical, mental, scientific tests or examinations. A written summary of the anticipated testimony regarding such reports shall also be provided.
(5)Juvenile's Record. Provide the juvenile's counsel with prior allegations of delinquency, prior adjudications and pre-adjudicatory community supervision periods.
(6)Exculpatory Information. Disclose to the juvenile's attorney any material or information known to the state that tends to disprove the allegations of the petition or be in mitigation at disposition.
(7)Prior Statements. Any prior written or recorded statements of the juvenile.
(c) Disclosure by the Juvenile. The juvenile's counsel shall make the following disclosures:
(1)Witnesses. The name, address and telephone number of witnesses the juvenile intends to call in the juvenile's case-in-chief, and any prior written or recorded statement of such witnesses.
(2)Documents and Tangible Objects. Permit the prosecuting attorney to inspect and copy relevant books, papers, documents, photographs and tangible objects that the juvenile intends to introduce at adjudication.
(3)Reports of Examinations and Tests. Provide copies of reports of physical, mental, scientific tests or examinations which the juvenile intends to introduce in the juvenile's case in chief at the adjudicatory hearing. A written summary of the anticipated testimony regarding such reports shall also be provided.
(4)Notice of Specific Defenses. Inform the prosecuting attorney in writing of any of alibi, entrapment, duress, insanity, self-defense and lack of jurisdiction defense.
(d) Time Limitations.
(1)Juvenile Detained. If the juvenile is detained in a facility operated by the Division of Juvenile Services:
(A) Initial disclosures by the state under paragraph (a) shall be made not less than five days prior to the date set for the preliminary hearing.
(B) Disclosures by the state under paragraph (b) shall be made not less than ten days prior to the date set for the adjudicatory hearing.
(C) Disclosures by the juvenile under paragraph (c) shall be made not less than ten days prior to the date set for the adjudicatory hearing.
(2)Juvenile Not Detained. If the juvenile is not detained in a facility operated by the Division of Juvenile Services or is released prior to the time limitations imposed by Rule 27(a), disclosures under paragraphs (a), (b), and (c) shall be made not less than 30 days prior to the date set for the adjudicatory hearing.
(3) Upon motion and for good cause shown the court may alter the time limitations provided by this rule.
(e) Further Disclosure by the State.
(1) Nothing in these rules shall prohibit the juvenile from filing a motion with three days prior notice to the state and prior to adjudication requiring the state to disclose to the juvenile's counsel any additional information relevant to the juvenile's innocence, guilt or culpability.
(2) If the court denies the motion, upon application of the juvenile's counsel the court shall inspect and preserve such information, identified by the juvenile's counsel with some specificity.
(f) Further Disclosures by the Juvenile.
(1) Upon motion by the prosecuting attorney with three days prior notice to the juvenile's counsel and a showing that the sought procedures listed below will be material in determining whether or not the juvenile committed an alleged act or acts, the court at any time prior to adjudication may, subject to constitutional limitations, order the juvenile to:
(A) appear in a line up;
(B) speak for a witness for the purpose of voice identification;
(C) be fingerprinted;
(D) permit measurements and weight of the juvenile's body;
(E) pose for non-reenactment photographs;
(F) permit the taking of blood, hair or saliva samples;
(G) provide handwriting specimens; and
(H) submit to reasonable physical or medical examination.
(g) Information Not Subject to Disclosure.
(1)Pertaining to the Juvenile. Unless otherwise provided by these rules, any legal research, records, correspondence, reports or memoranda to the extent they contain opinions, theories, or conclusions of the juvenile, the juvenile's counsel, members of counsel's staff or counsel's agents participating in the representation of the juvenile are not subject to disclosure.
(2)Pertaining to the State. Unless otherwise provided by these rules, any legal research, records, correspondence reports or memoranda to the extent they contain opinions, theories, or conclusions of the prosecuting attorney, members of prosecuting attorney's staff, or police agencies participating in the representation of the state are not subject to disclosure.
(h) Depositions. Depositions for adjudications shall be taken and used under the same conditions as depositions pursuant to Rule 15 of the West Virginia Rules of Criminal Procedure.
(i) Continuing Duty to Disclose. If after compliance with any discovery rule or court order, the prosecuting attorney or counsel for the juvenile discovers additional material information or witnesses subject to disclosure, counsel shall promptly notify opposing counsel of the existence of the additional information.
(j) Protective and Modifying Orders. Upon a sufficient showing the court may at any time order that certain discovery or inspection be denied, restricted or deferred, or make such other order as is appropriate. Upon motion by the state or juvenile, the court may permit the party to make such showing, in whole or in part, in the form of a written statement to be inspected by the judge alone. If the court enters an order granting relief following such an ex parte showing, the entire text of the party's statement shall be sealed and preserved in the records of the court to be made available to the appellate court in the event of an appeal.

W. Va. R. Juve. Proc. 21

Effective 1/1/2016.