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WV · rules

W. Va. Trial Ct. R. 32.02

Mandatory Discovery

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

(a) Exculpatory Evidence. — In all criminal cases, the attorney for the State shall advise the attorney for the defendant and provide evidence favorable to the defendant on the issue of the defendant's guilt or punishment without regard to materiality, within the scope of Brady v. Maryland, 373 U.S. 83 (1963), including the existence and substance of any payments, promises of immunity, leniency, preferential treatment, or other inducements made to prospective witnesses, within the scope of United States v. Giglio, 405 U.S. 150 (1972).

(b) Entrapment Defenses and the Discovery of Other Crimes, Wrongs, or Acts Admissible Pursuant to W.Va. R.Evid 404(b). — In all criminal cases, the attorney for the State shall advise the defendant of its intention to introduce evidence in its case-in-chief at trial pursuant to W.Va. R.Evid. 404(b). In addition to the requirements of Rule 404(b), if, during the discovery conference or thereafter, the attorney for the defendant advises the attorney for the State that the defense is one of entrapment and provides a synopsis of the evidence of that defense, the attorney for the State shall, within five (5) days or two (2) weeks prior to trial, whichever is later, disclose a synopsis of any other crimes, wrongs, or acts about which the State has information and which is relevant to said defense and intended for use by the State in its case in chief or in rebuttal.

Provenance

Source
courtswv.gov
Retrieved
2026-09-24
Edition
2026-09-24
Content hash
68f3310d23fdff5f0743965fcde528d9198eceb4ca6fe334e1191dc52c781585
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