Rule 18.03 - Access And Use(a) Any recorded interview that is subject to access or disclosure pursuant to court rules regarding discovery or production in a proceeding shall be kept strictly confidential as provided by this Rule.(b) There shall be no access to, or publication, duplication, or use of any such recorded interview, transcript, or related documentation except in accordance with a protective order issued by the judicial officer presiding over the proceeding, which order shall include the following terms and conditions: (1) All recordings, transcripts, and related documentation shall have the words "CONFIDENTIAL -- PENALTIES FOR UNAUTHORIZED DISCLOSURE OR DUPLICATION," conspicuously affixed thereto;(2) Access to and use of recordings, transcripts, and related documentation shall be authorized for counsel for parties, guardians ad litem, and their employees who have responsibility to assist in the proceeding, limited to use in that proceeding only, and only to the extent expressly permitted by the protective order;(3) Parties to the proceeding shall be authorized to review recordings, transcripts, and related documentation only under the supervision of their counsel or guardian ad litem, or their staff, or if unrepresented, by designated court staff, but not be provided duplicates unless authorized by separate order for good cause shown; Provided, that the protective order shall prohibit display or disclosure of recordings, transcripts, and related documentation to non-party family members of the defendant, respondent, petitioner, victim, or to any other individual, unless the judicial officer presiding over the proceeding makes a finding that such display or disclosure is necessary for the protection of a party's rights or is in the best interests of the interviewed child.(4) Access and duplication of recordings, transcripts, and related documentation shall be authorized for consultants, investigators, and experts employed or contracted to assist in the proceeding, but only after such persons have executed and filed with the court an agreement to be bound by the protective order;(5) Counsel and guardians ad litem shall be required to take reasonable and appropriate measures to prevent unauthorized access to, or use of recordings, transcripts, and related documentation;(6) Specific confidentiality protections shall be provided for any recording, transcript, or related documentation that is filed as an exhibit to a pleading or memorandum, or discussed in a pleading or memorandum;(7) Use of recordings, transcripts, and related documentation at depositions shall be permitted, provided that parties and attorneys shall have the right and obligation to designate the recordings, transcripts, related documentation, and testimony related thereto as confidential and subject to the terms of the protective order required by this Rule;(8) Notice to the court shall be required prior to any use of a recording, transcript, or related documentation during a hearing or trial in the proceeding;(9) The statutory criminal penalties for knowing and willful duplication or publication of a recorded interview in violation of the terms of the protective order shall be stated, and further that violation of the protective order can result in contempt sanctions imposed by the court; and(10) Any other protective measure deemed appropriate by the court shall be provided.(c) Although protective orders are generally required under paragraph (b), a judicial officer presiding over a proceeding retains discretion to permit guardians ad litem and counsel temporary or expedited access to recorded interviews by so permitting through a provisional order; but any such access shall occur while the recorded interview is in the custody of an authorized individual, such as the prosecuting attorney, and the recorded interview shall remain in the custody of the authorized individual for the duration of the access.W.Va. Trial. Ct. R. 18.03
Adopted effective 11/14/2017.