West Virginia

a. Description of the records.

Any FOIA request must describe the information sought "with reasonable specificity." W. Va. Code § 29B-1-3(4). Written requests should also specify that the request is being made both under the Freedom of Information Act and under the common law right of access. If another statute provides for broader access to the requested materials, that statute also should be mentioned.

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.

1. Where to ask for ruling.

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

(3). Where posted.

The posting of an emergency notice for most public bodies would depend upon their own rules. It is not clear under the Open Meetings Act where the notice of an emergency meeting filed by a governing body of an executive branch of the state would be posted since there probably would not be time for such notice to be published in the state register.

I. Appellate records

Overview

West Virginia

4. Requirements or prohibitions regarding advance payment.

The Freedom of Information Act neither requires nor specifically prohibits the advance payment of fees.

3. Fee issues.

(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.

E. Webcasting

Overview

West Virginia