On October 13, 2022, Washington Legal Foundation joined a coalition of civil-justice reform and business trade groups on a formal comment to the Supreme Court of Appeals of West Virginia concerning the proposed rewriting of the State’s rules of civil procedure. As the comments explain, West Virginia should adopt the federal requirement that all discovery in a case be proportional to the needs of the case. Along with technical corrections, the comments also urge West Virginia state courts to require the disclosure of third-party litigation funding, recognize the unique discovery needs in products-liability cases, and provide more limits on the preservation and production of electronically stored information.
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