CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 1B. DISCOVERY.
§62-1B-1. Bill of particulars.
The court for cause may direct the prosecuting attorney to
file a bill of particulars. A bill of particulars may be amended
at any time subject to such conditions as justice requires.
§62-1B-2. Defendant's statements; reports of examinations and
tests; defendant's books, papers and tangible
Upon motion of a defendant the court may order the prosecuting
attorney to permit the defendant to examine and copy or photograph
any relevant (1) written or recorded statements or confessions made
by the defendant, or copies thereof, which are known by the
prosecuting attorney to be within the possession, custody or
control of the state, (2) results or reports of physical or mental
examinations, and of scientific tests or experiments made in
connection with the particular case, or copies thereof, which are
known by the prosecuting attorney to be within the possession,
custody or control of the state, and (3) books, papers, or tangible
objects belonging to or seized from the defendant which are known
by the prosecuting attorney to be within the possession, custody or
control of the state.
§62-1B-3. Time of motion.
A motion under this article may be made at any time not later
than ten days before trial, or at such reasonable later time as the
court may permit.
If any provision of this article or the application thereof to
any person or circumstance is held invalid, such invalidity shall
not affect other provisions or applications of the article which
can be given effect without the invalid provision or its
application, and to this end, the provisions of this article are
declared to be severable.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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