West Virginia

G. Trial records

Overview

West Virginia

e. Additional material

The trial court rules in West Virginia actually require that copies of any case decided by a court other than the West Virginia Supreme Court or the United States Supreme Court, and cited in support of a motion, such as a motion to quash, must be attached to the motion. Because of its importance, it often is helpful to attach a copy of the Hudok case for easy access by the trial court.

1. Regular meetings.

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3. Contents of a written request.

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5. Pleading format.

There is no established pleading format. The petition should contain a short and plain statement of the facts entitling the petitioner to relief and a description of the relief sought. If injunctive relief is sought, the petition must be verified, although generally no bond would be required. The form of the pleading will depend on the nature of the relief sought. It may be a petition for writ of mandamus, a writ of prohibition, a declaratory judgment action, or a complaint seeking injunctive relief.

2. Availability of an ombudsman.

Neither the West Virginia Freedom of Information Act nor the West Virginia Open Governmental Proceedings Act explicitly provides for an ombudsman.

F. Trial records

Overview

West Virginia

4. Subpoena not overbroad or unduly burdensome

In West Virginia, a motion for a protective order may be made to the trial court if the subpoenaed party believes the subpoena is over-broad or unduly burdensome, and the determination of the motion is governed by the procedural rules.