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WV · rules

W. Va. R. Habeas Corpus 7

Discovery

activein force · 2026-09-24 – presentact-effective-date

(a) Leave of court required. — In post-conviction habeas corpus proceedings, a prisoner may invoke the processes of discovery available under the West Virginia Rules of Civil Procedure if, and to the extent that, the court in the exercise of its discretion, and for good cause shown, grants leave to do so. If necessary for effective utilization of discovery procedures, counsel shall be appointed by the court for a petitioner who qualifies for the appointment of counsel under Rule 3(a).

(b) Requests for discovery. — Requests for discovery shall be accompanied by a statement of the interrogatories or requests for admission and a list of the documents, if any, sought to be produced.

(c) Expenses. — If the respondent is granted leave to take the deposition of the petitioner or any other person, the court may, as a condition of taking the deposition, direct the respondent to pay the expenses of travel, subsistence and fees of counsel for the petitioner to attend the taking of the deposition.

Provenance

Source
courtswv.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
696ee3ec81c9bb25c6fb8bda0018d34b665861cc777ea5f55ad447980cba48f6
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