Rule 53 - [Effective 1/1/2025] Commissioners; discovery commissioners(a) Commissioners may be appointed by the court, pursuant to West Virginia statute, applicable Rules of Civil Procedure or Trial Court Rules.(b) Discovery Commissioners may be appointed and should only be used in complex cases. A party may file objections to an order regarding the appointment, compensation, or powers of a discovery commissioner within 14 days of entry of such an order.(c)Compensation. The compensation of a discovery commissioner may be assessed to the parties.(d)Powers.(1) A discovery commissioner may administer oaths and affirmations.(2) As directed by the court or as otherwise authorized by law, a discovery commissioner may:(A) preside at discovery resolution conferences;(B) preside over discovery motions;(C) preside at any other proceeding or conference in furtherance of the discovery commissioner's duties;(D) regulate all proceedings before the discovery commissioner; and(E) take any other action necessary or proper for the efficient performance of the discovery commissioner's duties.(e)Report and recommendation; objections.(1)Report and recommendation. After a discovery motion or other contested matter is submitted to a discovery commissioner, the discovery commissioner shall prepare a written report containing recommendations for a resolution of each unresolved dispute. The discovery commissioner may direct counsel to prepare the report. The discovery commissioner shall file the report with the court and serve a copy of it on each party. The parties and the court are not bound by the report of the discovery commissioner but, instead, the court retains responsibility for the final determination.(2)Objections. Any party aggrieved by the report shall file and serve objections within 7 days of service. If objections are filed, any other party may file and serve a response, including objections, within 5 days after being served with the objections. Any other party may file and serve a reply within 5 days after being served with objections.(A) Objections not timely raised are waived.(B) Discovery as to the matters in dispute may not proceed until the court's adoption of the order or resolution of objections.(f)Review. Upon receipt of a discovery commissioner's report and any objections or replies, or when the period to serve objections or replies has elapsed, the court shall: (1) adopt or reverse, in full or in part, or otherwise modify the discovery commissioner's report by written order, with or without a hearing;(2) set the matter for hearing if requested by a party or on the court's own initiative; or,(3) remand the matter to the discovery commissioner with instructions for reconsideration or other further action.Amended effective 1/1/2025.