Rule 12.Discovery
Current through December 29, 2025 · Last verified July 8, 2026
Full Text of Rule 12
Amendment History
[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.]
Plain-English Summary
A single sentence reverses the ordinary civil default. Discovery under Rules 26 through 37 of the Rules of Civil Procedure is available in family court, but only as the court directs: it may be ordered by the court at any time, or allowed by the court on a motion demonstrating a particular need — and in either case only as the interest of justice requires.
Two routes, then. The court can open discovery on its own initiative whenever it thinks the case needs it, or a party can ask — but the party has to show a particular need, not merely invoke the civil rules.
The practical consequence is that family court cases run on the mandatory financial disclosure of Rule 13 rather than on party-driven discovery, with the civil discovery machinery held in reserve for cases that require it.
Frequently Asked Questions
Is discovery automatic in West Virginia family court?
No. Discovery under Rules 26 through 37 of the Rules of Civil Procedure may be ordered by the court at any time, or allowed on motion demonstrating a particular need, as the interest of justice requires.
What must a party show to get discovery?
A particular need, on motion.
Can the court order discovery without a motion?
Yes. The rule allows the court to order discovery at any time.
Which discovery rules apply when discovery is allowed?
Rules 26 through 37 of the West Virginia Rules of Civil Procedure.
How do parties normally exchange financial information then?
Through the mandatory financial disclosure required by Rule 13, which does not depend on a discovery order.