West Virginia

6. Subsequent remedies.

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

D. Information and/or identity of source

No reported West Virginia case has addressed the use of the reporters' privilege to protect the identity of a source. However, the Hudok court concluded that the qualified privilege articulated therein applied equally to both confidential and non-confidential information obtained by the reporter in his/her newsgathering role.

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.

e. Requirement to state statutory authority for closing meetings before closure.

The presiding officer of a governing body must publicly state the authority under the Act for requesting the governing body go into executive session. Id.

b. Court and litigation costs.

Court costs may be awarded to successful FOIA plaintiffs. Smith v. Bradley, 223 W.Va. 286, at 293, 673 S.E.2d 500, at 507 (2007).

V. Procedures for issuing and contesting subpoenas

In West Virginia, there are no special legal procedures required to serve a subpoena on a member of the news media unique from the general requirements of service of such subpoenas on any other party.