DISCOVERY:

Discovery is the process used by parties of an appeal to gather information pertinent to the hearing from another party to the appeal. Parties have twenty days from receipt of the request to respond. A shorter or longer time may be agreed to in writing by the parties and filed with the Board.

Certain discovery requests such as a witness list, anticipated testimony and identification of documents which will be introduced at the hearing, do not require the Board’s approval. (See W.Va. Code §22B-1-8).

Some discovery requests, however, require the involvement of the Board. Parties may ask the Board to rule on discovery requests such as the taking of depositions and requests for the production of documents. Motions should be filed with the Board well in advance of the Hearing to allow the parties ample time to comply with the Board’s decision. In addition, all parties have the right to file an objection to a discovery request with the Board. Such objection must be filed no more than ten days after the receipt of a motion for discovery unless the Board has provided an extension or other schedule for the objections to be filed.