West Virginia

4. Deeds, liens, foreclosures, title history.

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

H. Post-trial records

Overview

West Virginia

Q. Students; discussions on individual students.

Another broad exemption under the Act authorizes executive sessions to discuss the "disciplining, suspension or expulsion of any student in any public school or public college or university, unless such student requests an open meeting." W. Va. Code § 6-9A-4(b)(3).

6. Material is not cumulative

A discovery request may be denied where the breadth of the information sought would result in the production of material so cumulative as to be inadmissible at trial. State Farm v. Stephens, 188 W.Va. 622, 425 S.E.2d 577 (1992). Whether or not the cumulativeness of the material sought would be inadmissible at trial is in turn governed by Rule 403 of the West Virginia Rules of Evidence. Such determinations are usually left to the discretion of the trial court.

5. Private matter on private e-mail

There have been no court decisions indicating how private records contained in private e-mail archives should be treated. However, based upon the West Virginia Court’s holding in Associated Press v. Canterbury, supra. it is likely that records of discussion of private matters on private e-mail will fall outside the law’s disclosure requirements because they fail to fall within the definition of  West Virginia FOIA’s definition of “public record.”

c. Text messages.

There have been no reported meetings conducted using text messaging.

a. Arrangements to inspect & copy.

Each "custodian" of records subject to disclosure under the Freedom of Information Act is required to "furnish proper and reasonable opportunities for inspection and examination of the records in his office and reasonable facilities for making memoranda or abstracts therefrom, during the usual business hours, to all persons having occasion to make examination of them." W. Va. Code § 29B-1-3(3).

3. Contents of request for ruling.

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

1. Civil contempt

In West Virginia, there is very little, if any history of reporters being fined or jailed for failure to comply with a subpoena. There is no statute or caselaw specifically addressing contempt proceedings where a reporter refuses to comply with a subpoena. Generally speaking however, although Rules 11, 16, and 37 of the West Virginia Rules of Civil Procedure do not formally require any particular procedure, before issuing a contempt sanction, a court must ensure it has an adequate foundation either pursuant to the rules or by virtue of its inherent powers to exercise its authority.