West Virginia

5. Briefing schedule

In West Virginia, there is no briefing schedule specific to a motion to quash. The Rules of Civil Procedure require that all motions must be filed at least 7 days prior to a hearing, if the motion is served by hand delivery or by fax, or 9 days prior to the hearing if it is served by mail. Any response to a motion must be served at least 4 days prior to a hearing, if the response is served by mail, or 2 days before a hearing if served by hand delivery or fax.

a. "Information gathering" and "fact-finding" sessions.

There is no specific provision in the Act excluding meetings involving information gathering or fact-finding.

4. Infectious disease and health epidemics.

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

b. Invalidate the decision.

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

C. Does the existence of information in electronic format affect its openness?

To date, there has been no distinction between information in electronic format and more traditional format and state agencies routinely provide information to FOIA requesters in electronic format.

C. Waiver or limits to testimony

There is no West Virginia caselaw or statute addressing whether a journalist may be deemed to have waived the privilege. Because the privilege is constitutional in nature, it is likely the privilege may never be deemed to have been waived.

(5). Other information required in notice.

The contents of the notice are left up to the governing body to determine when it promulgates its notice regulations. At a minimum, the Act requires the notice to state the date, time, place and agenda of regular meetings, and the time, place and purpose of special meetings. Every notice given by the governing bodies of the executive branch of the state must include the time, place and purpose of the meeting.

1. Statutory, regulatory or court-set time limits for agency response.

W. Va. Code § 29B-1-3(4), mandates that each "custodian, upon demand for records made under this statute, shall as soon as practicable but within a maximum of five days not including Saturdays, Sundays or legal holidays:

(a) Furnish copies of the requested information;

(b) Advise the person making the request of the time and place at which he may inspect and copy the materials; or

(c) Deny the request stating in writing the reasons for such denial."