N.D. W. Va. LR Civ P 26.01

(a) Initial Disclosures Under Fed. R. Civ. P. 26(a)(1): Unless otherwise ordered

or stipulated by the parties, the disclosures required under Fed. R. Civ. P. 26(a)(1) shall

be made no later than fourteen (14) days after the meeting required under Fed. R. Civ.

P. 26(f) and LR Civ P 16.01(b). In accordance with LR Civ P 5.01, parties shall file in

CM/ECF only the certificate of service for any such disclosures.

(b) Disclosures Under Fed. R. Civ. P. 26(a)(2) Regarding Experts: Unless

otherwise ordered or stipulated by the parties, the making, sequence and timing of

disclosures under Fed. R. Civ. P. 26(a)(2) will be as follows:

(1) the disclosures required by Fed. R. Civ. P. 26(a)(2)(A), (B) and (C)

must be made to all other parties or their counsel at least ninety (90) days

before the date set for trial or for the case to be ready for trial and

(2) if the evidence is intended solely to contradict or rebut evidence on

the same issue identified by another party under Fed. R. Civ. P.

26(a)(2)(B) or (C), the disclosures must be made no later than thirty (30)

days after the other party’s disclosure.

The written report described in Fed. R. Civ. P. 26(a)(2)(B) shall not be required of

witnesses who have not been specially retained or employed by a party to give expert

testimony in the case, including physicians and other medical providers who examined

or treated a party or party’s decedent unless the examination was for the sole purpose of

providing expert testimony in the case, or one whose duties as the party’s employee

regularly involve giving expert testimony. In accordance with LR Civ P 5.01, parties

shall file on CM/ECF only the certificate of service for any such disclosures.

In all events, a party seeking to elicit opinion testimony under Federal Rules of

Evidence 702, 703 or 705 from such witnesses shall:

(1) To the extent that such opinions are explicitly stated in records

prepared by such witnesses and have been produced in the course of

discovery, identify each such person as an expert witness who is

anticipated to testify at trial.

(2) To the extent that such opinions are not explicitly stated in records

prepared by such witnesses or have not been produced in the course of

discovery, identify each witness and state the subject matter on which the

expert will testify, the substance of the facts and opinions to which the

expert will testify and a summary of the grounds for each opinion or, in the

alternative, provide a report, prepared by the witness, that comports with

the provisions of Fed. R. Civ. P. 26(a)(2)(B).

(3) The disclosures discussed in paragraph (2) above must be made within

the timelines detailed in LR Civ P 26.01(b).

(4) In no event may a health care provider or other person relying on

scientific, technical or other specialized knowledge be considered a lay

witness under Fed. R. Evid. 701.

(c) Discovery Event Limitations: Unless otherwise ordered or stipulated, and

except as to complex cases governed by LR Civ P 16.02., discovery under Fed. R. Civ.

P. 26(b)(2)(A) shall be limited as follows:

(1) Ten (10) depositions upon oral examination or written questions by

each plaintiff;

(2) Ten (10) depositions upon oral examination or written questions by

each defendant;

(3) Ten (10) depositions upon oral examination or written questions by

each third-party defendant;

(4) Twenty-five (25) written interrogatories, including all discrete subparts,

per party; and

(5) Forty (40) requests for admission per party.

(d) Further Discovery: After exhausting the opportunities for discovery pursuant

to paragraph (c) of this Rule and any stipulation of the parties or order of the Court, any

requests that the parties may make for additional depositions, interrogatories or requests

for admissions must be made by discovery motion.

The judicial officer shall not consider any discovery motion under this Rule unless

it is accompanied by a certification that the moving party has made a reasonable and

good-faith effort to reach agreement with counsel or any unrepresented parties who

oppose the additional discovery sought by the motion.