Email has been held to be a “writing” that must be disclosed upon a FOIA request if it is related to the conduct of the public’s business and is prepared, owned and retained by a public body, W.Va. Code § 29B-1-2 (4). See, Associated Press v. Canterbury, 688 S.E.2d 317 (W.Va. 2009) (“definition of a “writing” contained in FOIA includes an e-mail communication”).
In West Virginia, service of subpoenas in civil cases is governed by Rule 45 of the West Virginia Rules of Civil Procedure, and in criminal cases service of subpoenas is governed by Rule 17 of the Rules of Criminal Procedure. There are no special requirements that must be met to serve a subpoena on a member of the news media.
A governing body "may make and enforce reasonable rules for attendance and presentation at any meeting," but this power is limited to "any meeting where there is not enough room for all members of the public who wish to attend." W. Va. Code § 6-9A-3.
Fees for electronic record request should be consistent with the fees that may be charged for reproducing records in a paper format. Thus, the limit on fees charged by public bodies should be the “actual cost of reproduction” of records in an electronic format. If the record is transmitted to the requester on a computer readable DVD or CD the charge should be no more than the cost of that medium to the government body.