West Virginia

c. Patterned after federal Freedom of Information Act?

The West Virginia Freedom of Information Act is similar to the federal statute in many respects, and the West Virginia Supreme Court recognized "the close relationship between the federal and West Virginia FOIA . . . in particular the value of federal precedents in construing our state FOIA's parallel provisions." Daily Gazette v. W. Va. Development Office, supra. It should be noted, however, that the eleven new exemptions added to W. Va. Code, §  29B-1-4  since 2003 are not patterned after those contained in the federal FOIA, 5 U.S.C. §  552 (b) (1) - (9).

1. Relevance of material to case at bar

The subpoenaing party must meet the very high and difficult burden of proving that the information subpoenaed is "highly material and relevant" and "necessary or critical" to the maintenance of the subpoenaing party's claim or defense. State ex rel. Charleston Mail Ass'n v. Ranson, supra, and State ex rel. Hudok v. Henry.

A. When to challenge.

(This section is blank. See the subpoints below.)

e. Social media and online discussion boards.

There have been no reported meetings conducted using social media or online discussion boards.

(1). How does the requester memorialize the refusal?

(This section is blank. See the point above.)

E. Grand jury records

Overview

West Virginia

E. How are text messages and instant messages treated?

(This section is blank. See the subpoints below.)

c. Partial disclosure of information

There is no West Virginia caselaw or statute addressing whether a journalist may be deemed to have waived the privilege. Because the privilege is constitutional in nature, it is likely the privilege may never be deemed to have been waived.