West Virginia

6. Time limit for filing suit.

There is no time limit under the FOIA for filing suit. As a practical matter, however, a new request to the agency would be advisable if there has been a long delay, at least if there is reason to believe that any circumstances prompting the initial denial might have changed. When an agency fails to respond to a request for information within the five "working days" time period allocated by the FOIA, in accord with the federal FOIA, such inaction will likely be treated by West Virginia courts as a judicially reviewable denial of disclosure.

B. Pre-trial proceedings

Overview

West Virginia

6. Amicus briefs

Briefs of amicus curiae often are accepted by the West Virginia Supreme Court of Appeals.

4. Nongovernmental bodies.

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

2. Description of each exemption.

The Open Meetings Act, as amended in 1999, specifically exempts twelve categories of information from its provisions. These exceptions, which are stated in much broader language than the exemptions under the Freedom of Information Act, permit public bodies to meet in closed executive session to discuss the following items:

B. What governments are subject to the law?

All levels of government, ranging from a city council to the State Legislature, fall within the general term "public body" used in the Act. The requirements of the statute apply to "this state or any political subdivision." W. Va. Code §  6-9A-2(6). Courts and family law masters are specifically excluded.

A. Access to voir dire

Overview

West Virginia

9. Confidential informants.

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

1. Is the privilege waivable at all?

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.