Rule 29 - Discovery in misdemeanor actions(a) The state and the defendant shall make every reasonable effort to informally exchange reciprocal discovery prior to trial. In the event that the parties are unable to reach an agreement on discovery, the following provisions shall apply:(b)Disclosure of evidence by the state.(1) The following must be disclosed by the state, if the state intends to use such evidence during any stage of the court proceedings: (A) Statement of defendant(B) Defendant's prior criminal record(C) Documents and tangible objects(D) Reports of examination and tests(E) Expert witnesses: names, addresses and summary of expected testimony(F) State witnesses: names and addresses(c)Disclosure of evidence by the defendant.(1) The following must be disclosed by the defendant, if the defendant intends to use such evidence during any stage of the court proceedings:(A) Documents and tangible objects(B) Reports of examinations and tests(C) Expert witnesses: names, addresses and summary of expected testimony(D) Defense witnesses: names and addresses(d)Timing of discovery from the state. If discovery is requested by the defendant, the relevant discovery material shall be provided at least 21 days in advance of the date of trial, provided that the request has been made at least 14 days in advance of the date the response is due.(e)Timing of discovery from the defendant. If reciprocal discovery is requested by the state, the relevant discovery material shall be provided at least 14 days before the date of trial, provided that the request is made at least 7 days in advance of the date the response is due.(f)Continuance. If discovery that has been timely requested is not, for good reason shown, available to be produced in a timely manner, either the state or the defense may request, and be granted, a continuance to facilitate production of the requested material.(g)Failure to comply with discovery request. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule, the court may order such party to promptly provide the discovery or to promptly arrange for inspection of the discovery. In addition, the court may grant a continuance or prohibit the offending party from introducing any evidence that was not disclosed.W. Va. R. Crim. Pro. Magist. Ct. 29
Adopted Effective 7/1/1988.