Motion for Discovery (Criminal) - West Virginia
| Party | Role |
|---|---|
| STATE OF WEST VIRGINIA, | Plaintiff |
| v. | |
| [DEFENDANT FULL NAME], | Defendant |
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA
Case No.: [CASE NUMBER]
Judge: [JUDGE]
DEFENDANT'S MOTION FOR DISCOVERY (TO COMPEL OR MODIFY)
Defendant, through counsel, moves under W. Va. R. Crim. P. 16 and W. Va. Trial Ct. R. 32 for an order concerning the specific materials below. Defendant requested discovery on [DATE AND METHOD]; counsel conferred on [DATE AND METHOD]. If this motion concerns only favorable evidence under Trial Court Rule 32.02, that separate ground is: [DESCRIPTION OR NOT APPLICABLE].
1. Request, response, and unresolved items
| Item and relevant facts | Prior request and State response | Rule basis and why its conditions are met | Relief sought |
|---|---|---|---|
| [SPECIFIC ITEM, DATE, SOURCE OR IDENTIFIER; LOCATION OR CUSTODIAN IF KNOWN] | [DATE / RESPONSE / WHAT IS STILL MISSING] | [RULE SUBPART; POSSESSION OR CONTROL; MATERIALITY, INTENDED CASE-IN-CHIEF USE, OR OBTAINED-FROM-DEFENDANT FACTS] | [INSPECTION / COPY / DISCLOSURE / MODIFIED SCHEDULE] |
| [ADDITIONAL ITEM OR DELETE ROW] | [RESPONSE] | [RULE AND FACTS] | [RELIEF] |
Relevant correspondence or conference notes are attached as [EXHIBIT]. The disputed material is believed to be in the State's possession, custody, or control, or discoverable by due diligence, because [FACTS]. The State's stated objection is [OBJECTION OR NONE]. Defendant's response is [FACTS AND RULE BASIS].
2. Governing grounds selected for this dispute
☐ Rule 16(a)(1)(A)–(B): Defendant's qualifying statements or prior record. Identify the statement or record and the applicable request or intended-trial-use condition: [DETAILS].
☐ Rule 16(a)(1)(C): Identified documents, recordings, photographs, or tangible items in State custody and control that are material to preparation of the defense, intended for use in the State's case in chief, or obtained from or belonging to Defendant. The qualifying facts are [DETAILS].
☐ Rule 16(a)(1)(D)–(F): Qualifying examination or test results, written case-in-chief expert testimony summary with opinions, bases, reasons and qualifications, or names and addresses of intended State case-in-chief witnesses with known prior convictions. The requested category, predicate, and missing material are [DETAILS].
☐ Trial Court Rule 32.03(a): The item is covered by the discovery-conference rule, including qualifying identification photographs, search warrants and supporting affidavits that led to case-in-chief evidence or evidence from or belonging to Defendant, notice whether Defendant was subject to interception during this investigation, or another specified item. Identify the subpart and facts: [DETAILS].
☐ Trial Court Rule 32.02(a): The identified evidence is favorable to Defendant on guilt or punishment, including the existence and substance of witness payments, immunity, leniency, preferential treatment, or other inducements. The factual basis for believing the material exists and remains undisclosed is [DETAILS]. This rule directs disclosure without regard to materiality.
☐ Witness statement under Trial Court Rule 32.07 and Criminal Rule 26.2: Identify the witness and statement: [DETAILS]. Early exchange is requested because ☐ the parties agreed on [DATE] ☐ good cause for a court order is [SPECIFIC FACTS]. Otherwise, exchange follows the trial timing in Rule 26.2; this motion does not seek routine advance production of every witness statement or grand-jury transcript.
Defendant acknowledges Rule 16(a)(2)–(3) and Trial Court Rule 32.04 limits on internal State materials, ordinary witness statements, and grand-jury proceedings. Defendant seeks no categorical production of those materials. If the State raises a protection concern, Defendant requests an appropriately tailored ruling under Rule 16(d) or Trial Court Rule 32.06 after the required showing.
3. Conference certification
Except for a motion confined to Trial Court Rule 32.02 material, Trial Court Rule 32.09 requires a prior conference and this certification. I certify that on [DATE] I conferred with [PROSECUTOR / COUNSEL] ☐ in person ☐ by telephone because an in-person meeting was impractical. I requested [IDENTIFIED ITEMS] and made the following good-faith efforts to resolve the dispute by agreement: [EFFORTS AND PROPOSALS]. The parties resolved [ITEMS] and remain unable to resolve [ITEMS AND REASONS]. Discovery was first requested on [DATE]; Trial Court Rule 32.03 calls for the conference within 14 days of that request. [EXPLAIN ANY DIFFERENT COURT SCHEDULE OR DELAY.] This motion is ☐ to compel ☐ for a protective order ☐ to modify discovery, as permitted by Rule 32.09.
4. Requested relief
Defendant asks the Court to identify which table entries are discoverable, direct production or inspection of only those entries by [DATE OR PERIOD], and set a method and any protective conditions suited to the ruling. Defendant also requests notice of later discovered, previously requested or ordered material subject to discovery under Rule 16(c) and Trial Court Rule 32.05. If the Court finds noncompliance, Defendant requests the remedy the Court finds just under Rule 16(d)(2) and Trial Court Rule 32.06(b): [SPECIFIC RELIEF AND REASON]. Defendant requests a hearing if disputed facts require one.
Respectfully submitted,
Signature: ______________________________
Counsel / WV Bar No.: [NAME / NUMBER]
Address, phone, email: [CONTACT]
Date: [__/__/____]
Certificate of service
I certify that on [__/__/____] I served this motion on [PROSECUTOR OR COUNSEL] by [METHOD AUTHORIZED BY RULE OR COURT ORDER] at [SERVICE ADDRESS]. W. Va. R. Crim. P. 49 governs service and filing.
Signature: ______________________________
Proposed order
IN THE CIRCUIT COURT OF [COUNTY] COUNTY, WEST VIRGINIA
State of West Virginia v. [DEFENDANT], Case No. [NUMBER]
The Court has considered Defendant's motion, the response, and [HEARING / RECORD]. The Court finds that the following identified item(s) are subject to disclosure under the stated rule(s): [ITEM NUMBER, RULE, AND REQUIRED FACTUAL FINDING]. The State shall [PRODUCE / ALLOW INSPECTION / GIVE NOTICE] of those items by [DATE], subject to [SPECIFIC PROTECTIVE TERMS OR NONE]. The Court ☐ denies relief as to [ITEMS AND REASONS] ☐ reserves decision on [ITEMS AND NEXT STEP]. Any later material previously requested or ordered and subject to discovery shall be addressed under Rule 16(c). Other relief: [RELIEF OR NONE].
Entered: [__/__/____]
Circuit Judge: ______________________________
Sources and References
- West Virginia Judiciary, Rules of Criminal Procedure 16, 26.2 and 49.
- West Virginia Judiciary, Trial Court Rules 32.02–32.09.
About this template
- Last updated
- October 2, 2026
- Citations checked
- October 2, 2026
- Jurisdiction
- West Virginia
- Category
- Criminal Law
Legal authority
- W. Va. R. Crim. P. 16 (discovery and inspection)
- W. Va. R. Crim. P. 26.2 (witness statements)
- W. Va. R. Crim. P. 49 (service and filing)
- W. Va. Trial Ct. R. 32.02–32.09 (circuit-court criminal discovery)
Criminal law paperwork covers every stage of a criminal case, from the first appearance and bail motion through pretrial motions, plea agreements, sentencing, and appeals. Deadlines in criminal cases are short and often unforgiving, and constitutional rights can be waived just by missing a filing. Using the right motion at the right time can mean the difference between evidence getting suppressed, charges getting reduced, or a case getting dismissed entirely.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 2, 2026.
W. Va. Trial Ct. R. 32.02–32.09 (checked October 2, 2026): "No additional discovery motions shall be filed for information or material within the scope of this rule unless it is a motion to compel, a motion for protective order, or a motion for an order modifying discovery."
W. Va. R. Crim. P. 16(a)(1)(C) (checked October 2, 2026): "Upon request of the defendant, the state shall permit the defendant to inspect and copy or photograph books, papers, documents, photographs, tangible objects, buildings or places, or copies or portions thereof, which are within the possession, custody and control of the state, and which are material to the preparation of the defense or are intended for use by the state as evidence in chief at the trial, or were obtained from or belong to the defendant."
W. Va. R. Crim. P. 16(a)(1)(D)–(F) (checked October 2, 2026): "Upon request of the defendant the state shall permit the defendant to inspect and copy or photograph any results or reports of physical or mental examinations, and of scientific tests or experiments, or copies thereof, which are within the possession, custody or control of the state, the existence of which is known, or by the exercise of due diligence may become known, to the attorney for the state, and which are material to the preparation of the defense or are intended for use by the state as evidence in chief at the trial."
W. Va. R. Crim. P. 16(a)(2)–(3) (checked October 2, 2026): "Except as provided in paragraphs (A), (B), (D) and (E) of subdivision (a)(1), this rule does not authorize the discovery or inspection of reports, memoranda or other internal official documents made by the attorney for the state or other state officials in connection with the investigation or prosecution of the case, or of statements made by state witnesses or prospective state witnesses except as provided in Rule 26.2."
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