W. Va. Code R. § 150-40-4

Current through Register Vol. XLI, No. 38, September 20, 2024

Section 150-40-4 - Discovery

4.1. Discovery Requests.

4.1.1. "Discovery requests" as used in these rules, include interrogatories, requests for the production of documents and things, and requests for admissions. Discovery requests do not include Staff or Commission requests made pursuant to statutory authority.

4.1.2. A party may serve discovery requests in writing upon the attorney for a party, if such party is represented by an attorney, or directly upon unrepresented parties, by first class mail, email or by hand delivery. Discovery requests must be pertinent to substantial issues in the proceeding. Copies of discovery requests, together with a certificate of service, shall be filed with the Executive Secretary and served upon all parties.

4.1.3. Parties served with discovery requests shall respond to each request separately and fully, in writing. The responses shall re-state each request, and give the response to that request. The party responding shall verify the responses. If responses prepared by several persons are compiled by one person the person compiling the responses shall verify the responses one time. Responses to discovery requests shall be served within seven (7) days after such discovery requests were served, or within such specified time as may be fixed by the Commission. Responses shall be served only upon the requesting party and any other party that has made a written request for the responses. The party responding shall file one (1) copy with the Executive Secretary.

4.1.3.a. Responses to discovery requests are not part of the evidentiary record of a case unless identified responses are made a part of the record by the parties or by Commission order.

4.1.4. The party responding to discovery requests shall file any written objections to discovery requests within seven (7) days after service of discovery requests or such shorter time as directed by the Commission. The responding party may defer responses to discovery requests to which it has made objection until the Commission rules on any motion to compel. If a motion to compel is granted, the responses shall be served within two (2) days after notice of the Commission's action, or as otherwise ordered by the Commission.

4.1.5. Objections to discovery requests not timely filed are waived, except for good cause shown.

4.1.6. The Commission will not resolve discovery disputes unless a motion is filed seeking Commission action. The parties have the responsibility to file timely discovery motions, including motions to compel the production of information or motions seeking protective orders.

W. Va. Code R. § 150-40-4