West Virginia

B. Pre-trial proceedings

Overview

West Virginia

a. Rules for active investigations.

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

1. Who may sue?

Any "citizen" of this state may file a petition challenging the action of a public agency under the Open Meetings Act. W. Va. Code §§ 6-9A-3 and 6. Although the statute originally required the plaintiff to "show a good faith and valid reason for making the application," the provision was deleted in a 1993 amendment. Only a person "adversely affected" by a decision may have the decision invalidated solely on the grounds the body gave improper notice of the meeting. W. Va. Code § 6-9A-3.

6. Amicus briefs

Briefs of amicus curiae often are accepted by the West Virginia Supreme Court of Appeals.

D. Fee provisions or practices.

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

F. Arbitration

Overview

West Virginia

3. Courts.

The Open Meetings Act excludes courts from its coverage. In the definition of public agency, it is stated that such term "does not include courts created by article eight of the West Virginia constitution or the system of family law masters created by article four [§ §  48A-4-1 et seq., repealed], chapter forty-eight-a of this code." This exclusion does not mean courts are permitted to meet in secret. Courts are required by Article III, Section 17 of the West Virginia Constitution to be open to the public.

A. Access to voir dire

Overview

West Virginia

3. Transactions.

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

2. Time limits for filing appeals.

An appeal to the state Supreme Court must be filed within four months after the challenged order was issued by the circuit court.