W.Va. Trial. Ct. R. 18.04

As amended through January 31, 2024

Rule 18.04 - Production By Non-Parties

A person or entity not a party to a proceeding may only be required to produce a recorded interview, any transcript there of, and any related documentation pursuant to the following procedure and conditions:

(a) The party seeking the production of such recorded interview, transcript, and related documentation must first file a motion with the court in which the proceeding is pending putting forth the grounds for production, along with a copy of the subpoena to be served on the non-party.

(b) A copy of the motion and subpoena, together with a notice of hearing, shall be served on:

(i) all counsel for parties and unrepresented parties;

(ii) the prosecuting attorney of the county where the proceeding is pending;

(iii) the prosecuting attorney in any other county where the recorded interview was conducted or used in relation to an investigation or prosecution of criminal activity or suspected child abuse or neglect; and

(iv) the person or entity to whom the subpoena is directed.

(c) A hearing shall be held on the motion, which may include, in the court's discretion, an in camera inspection of the subject records, and upon good cause found and stated in the written order, the court may direct that all or part of the records be produced.

(d) If the court grants the motion for production of such records, the court shall include in the written order the protective order provisions required under paragraph (b) of this Rule.

W.Va. Trial. Ct. R. 18.04

Adopted effective 11/14/2017.