West Virginia

1. Appeal routes.

The only appeal route from an adverse circuit court ruling in a FOIA suit is to the West Virginia Supreme Court of Appeals.

A. In general

Overview

West Virginia

a. Rules for active investigations.

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

2. Filing an objection or a notice of intent

In West Virginia, there is no requirement that a notice of intent to quash be filed before the motion to quash. Beyond certifying that you have in good faith conferred or are attempting to confer with the counsel for the subpoenaing party, there are no further procedural steps required prior to moving to quash the subpoena to the reporter.

III. STATE LAW ON ELECTRONIC RECORDS

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

E. Financial data of public bodies.

Unless it comes within the scope of exemption nine — "[m]atters involving or affecting the purchase, sale or lease of property, advance construction planning, the investment of public funds or other matters involving competition which, if made public, might adversely affect the financial or other interest of the state or any political subdivision" (W. Va. Code § 6-9A-4(9)) — there is no specific exception allowing meetings concerned with financial data of public bodies to be closed.

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of the West Virginia constitution or the system of family law masters created by article four [§ §  48A-4-1 et seq., repealed], chapter forty-eight-a of this code."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.

3. Transactions.

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

1. Relevance of material to case at bar

The subpoenaing party must meet the very high and difficult burden of proving that the information subpoenaed is "highly material and relevant" and "necessary or critical" to the maintenance of the subpoenaing party's claim or defense. State ex rel. Charleston Mail Ass'n v. Ranson, supra, and State ex rel. Hudok v. Henry.