West Virginia

c. Patterned after federal Freedom of Information Act?

The West Virginia Freedom of Information Act is similar to the federal statute in many respects, and the West Virginia Supreme Court recognized "the close relationship between the federal and West Virginia FOIA . . . in particular the value of federal precedents in construing our state FOIA's parallel provisions." Daily Gazette v. W. Va. Development Office, supra. It should be noted, however, that the eleven new exemptions added to W. Va. Code, §  29B-1-4  since 2003 are not patterned after those contained in the federal FOIA, 5 U.S.C. §  552 (b) (1) - (9).

1. Interviews for public employment.

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

a. "Information gathering" and "fact-finding" sessions.

There is no specific provision in the Act excluding meetings involving information gathering or fact-finding.

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.

4. Infectious disease and health epidemics.

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

E. How are text messages and instant messages treated?

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

(2). Commission or independent agency.

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