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New Rule 26 will require early mandatory disclosures and narrow proportionality objections
Summary
The revised Rule 26 introduces mandatory initial disclosures (witnesses, documents, certain insurance information) for most state civil cases, includes pretrial disclosures 30 days before trial, and makes proportionality a motion‑practice burden (party asserting disproportion must move for a protective order).
The committee told webinar attendees that Rule 26 brings federal‑style mandatory disclosures to West Virginia state civil practice. "Now that is where you are required to produce the identification of witnesses, identify documents, that would pertain to your claims or defenses," a committee member said, describing the new initial‑disclosure requirements and added pretrial disclosures 30 days before trial.
The rule includes exclusions (for example, controversies under $25,000 and certain condemnation matters) and provides that parties may by agreement opt out of mandatory disclosures. The committee highlighted a state‑specific approach to proportionality: a party asserting proportionality must file a protective‑order motion and bear the burden of proof rather than merely making an objection at the discovery stage.
