West Virginia

2. Stays pending appeal

A motion for a stay of the proceedings during an appeal must first be made to the circuit court where the judgment or order desired to be appealed from was entered. If the circuit court refuses to grant a stay, the moving party may, upon written notice to the opposite party, apply to the Supreme Court for a stay.

E. How are text messages and instant messages treated?

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

V. ASSERTING A RIGHT TO COMMENT.

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

(1). Information required.

The Act's 1999 amendments appear to exempt minutes of executive sessions from public disclosure; the amendment appears to presume that such minutes will be prepared. Provision is made for the later disclosure of that portion of executive session minutes when they contain reference to confidential settlement and other matters that are later rendered non-confidential by subsequent action.

7. What court.

Suits seeking access to records under the Freedom of Information Act ordinarily must be brought "in the circuit court in the county where the public record is kept." W. Va. Code § 29B-1-3(4).

3. Applications.

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

A. Autopsy reports.

Autopsy reports and records of the state medical examiner probably could fall within the "personal information" exemption of the FOIA, and thus be subject to the Cline balancing test. Based upon other decisions, it is possible that the Supreme Court of Appeals might recognize some degree of privacy protection even for records of deceased persons. See Jeffery v. McHugh, 166 W. Va. 379, 273 S.E.2d 837 (1980) (upholding the confidentiality of juvenile court records, specifically exempt from disclosure under W. Va.

d. Photo journalist

Beyond the Hudok court's citation to the Von Bulow case and the Von Bulow court's elaboration on the general criteria used to determine whether one is a member of the class entitled to claim the reporter's privilege, there is no law or statute that formally defines who qualifies as a "photojournalist." However, from the Charleston Mail Ass'n v. Ranson case it is clear that news photographers and their photographs are covered by the privilege.