West Virginia

A. Who can request records?

Any person or entity may obtain access to records through the Freedom of Information Act. The statute provides that "[e]very person has a right to inspect or copy any public record" and specifies the term "'[P]erson' includes any natural person, corporation, partnership, firm or association." W. Va. Code §  29B-1-2.

E. Are there sanctions for unapproved comment?

The Act provides that "this article does not prohibit the removal from a meeting of any member of the public who is disrupting the meeting to the extent that orderly conduct of the meeting is compromised."

f. Tape recording requirements.

The Open Meetings Act does not require a public agency to tape record either the regular meeting or meetings held in executive session. However if such a tape were made at an open meeting, it would constitute a public record under the Freedom of Information Act. Veltri v. Charleston Urban Renewal Authority, supra.

10. Fines.

A "willful" violation of the Freedom of Information Act by a custodian of public records is a misdemeanor, punishable by a fine of "not less than two hundred dollars nor more than one thousand dollars. W. Va. Code § 29B-1-6.

I. Appellate records


West Virginia

1. Accident reports.

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

7. Civil/criminal rules of procedure

In a civil case, a subpoenaed party may make a motion to quash the subpoena pursuant to Rule 45 of the West Virginia Rules of Civil Procedure if the subpoena is frivolous or unduly burdensome. The subpoenaed party also may make a motion for a protective order pursuant to Rule 26.

C. What records are and are not subject to the act?

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

B. Probate


West Virginia