What is a discovery violation?

A discovery violation occurs when one party to a legal case fails to provide the other side with evidence and/or documents related to the case or fails to make such documents and evidence available in a timely manner. In the state of West Virginia, discovery violations are governed by West Virginia Rule of Civil Procedure 26. This rule requires that each party to a lawsuit will provide the other side with any relevant evidence or documents that could be used to prove or disprove a claim or defense. If one party fails to provide the other party with the requested evidence or documents in a timely manner, it may result in a discovery violation. A judge can issue a sanction or penalty to the party who has violated the discovery rule, such as an order to pay the other side’s attorney fees, or the judge could grant other equitable relief, such as directing the violator to produce the documents in question. A discovery violation can also be grounds for dismissal of a case, so it is important for both parties to make sure they are following the discovery rules in West Virginia.

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