West Virginia

F. Trial records

Overview

West Virginia

7. Advisory boards and commissions, quasi-governmental entities.

The Open Meetings Act's definition of a "public agency" — as "[A]ny administrative or legislative unit of state, county or municipal government, including any department, division, bureau, office, commission, authority, board, public corporation, section, committee, subcommittee or any other agency or subunit of the foregoing, authorized by law to exercise some portion of executive or legislative power." W. Va. Code § 6-9A-2.

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.

1. Athletic records.

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

2. Discussion of each exemption.

The West Virginia Freedom of Information Act specifically exempts nineteen categories of information from disclosure. Each of these exceptions, and Supreme Court decisions interpreting them, are discussed in the following sections.

a. Trade secrets

The first FOIA exemption is for:

1. Does the law provide expedited procedure for reviewing request to attend upcoming meetings?

The Open Meetings Act does not provide for any particular expedited procedure for reviewing a request to attend upcoming meetings, although it does authorize the issuance of an injunction to enforce the statute's provisions. W. Va. Code § 6-9A-6. Any citizen of the state may bring an action in circuit court under the statute. Ordinarily no bond will be required unless it appears to the court that the petition was filed solely to harass or delay the governing body.

E. Categories of meetings subject to the law.

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

C. Testimony vs. affidavits

Although the rules in West Virginia do not specify whether a sworn affidavit may take the place of in-court testimony, litigants have been known to accept such affidavits in return for dropping the personal appearance requirement of the subpoena, especially when the subpoena was issued simply confirm that an article was true and accurate as published. Thus, it usually is helpful to inquire of the subpoenaing party's counsel whether they will accept an affidavit in lieu of a personal appearance, as oftentimes such an offer will be accepted.