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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.
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