West Virginia

1. Service of subpoena, time

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.

3. Dismissal; considering dismissal of public employees.

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

3. Electronic meetings.

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

A. How to start.

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

3. Are certain records available for inspection but not copying?

Under the literal terms of the FOIA, any "public record" subject to inspection also may be copied. However, the statute recognizes a narrow exception that permits public agencies to deny all access to certain records that could be damaged by handling. W. Va. Code § 29B-1-4(6). It seems certain that if particular documents could be inspected, but not copied, without the threat of damage, the courts would permit this approach as the least restrictive alternative.

b. Consequences of consent

West Virginia courts have not been confronted with the issue of whether a stay pending appeal should be granted automatically where the reporter consents to an in camera review and, following the review, is ordered to comply with the subpoena or other request for information.

b. State attorney general.

The Open Meetings Act does not provide for any appeal to the state Attorney General, and that office generally will issue a written opinion only upon the request of state department heads, prosecuting attorneys, or certain other public officials. In the case of an impending egregious violation of the Open Meetings Act, it might be possible to obtain an informal ruling from the Attorney General's office or from the public agency's other legal advisor, thereby averting such action.

The 1999 amendments added a new subsection 12 to W. Va. Code § 6-9A-4 that provides:

c. Minutes.

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