West Virginia

(1). Information required.

The Act's 1999 amendments appear to exempt minutes of executive sessions from public disclosure; the amendment appears to presume that such minutes will be prepared. Provision is made for the later disclosure of that portion of executive session minutes when they contain reference to confidential settlement and other matters that are later rendered non-confidential by subsequent action.

7. What court.

Suits seeking access to records under the Freedom of Information Act ordinarily must be brought "in the circuit court in the county where the public record is kept." W. Va. Code § 29B-1-3(4).

C. Criminal trials

Overview

West Virginia

3. Applications.

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

4. Judicial approval

In West Virginia, a lawyer may issue and sign a subpoena as an officer of the court. Rule 45(a)(3) of the W.Va.R.Civ.P. A judge or magistrate need not approve a subpoena before a party can serve it.

3. Private matter message on government hardware.

There are no cases dealing with private matters discussed in text or instant messages on government hardware. Such communications would probably qualify as a “writing” under FOIA, but would likely be held to fall outside FOIA disclosure requirements unless the messages “relate to the conduct of the public’s business” as interpreted by the Court in Associated Press v. Canterbury, supra.

B. Any other statutory requirements for closed or open meetings.

A few specific statutes mandate certain proceedings be open or closed to the public. As in the case of specific public record statutes, discussed in the preceding section of this outline, these provisions may create a greater right of public access to particular proceedings.

1. State.

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

B. Pre-trial proceedings

Overview

West Virginia

10. Police techniques.

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