West Virginia

2. Deposit of security

West Virginia law does not require that the subpoenaing party deposit any security in order to procure the testimony or materials sought from the reporter. For a deposition or in-court testimony, Rule 45(b)(1) of the West Virginia Rules of Civil Procedure requires that a subpoenaing party must tender "fees for one days attendance and the mileage allowed by law" if the subpoenaed party so demands. If request for such payment is made, but the payment is not presented, the subpoena is ineffective.

1. Number that must be present.

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

2. Is software and/or file metadata public?

There have been no court decisions or agency guidance indicating how file metadata is to be treated for purposes of FOIA analysis.

S. Vital statistics.

Birth and death certificates are governed by W. Va. Code § 16-5-26, which provides that it is:

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.

c. Consequences of refusing

West Virginia courts have not addressed the consequences of a reporter who refuses to consent to an in camera review of requested material. Pragmatically speaking, however, if an interlocutory appeal from an order mandating an in camera review is taken, acceptance of a Petition for Writ of prohibition by the state Supreme Court effectively operates to stay the order.

(1). Time limit for giving notice.

The Open Meetings Act requires that, except in emergencies, state executive agencies must give notice of their meetings "at least five days prior to the date of the meeting":

I. Economic development records.

W. Va. Code § 5B-2-1 exempts from the West Virginia FOIA “any documentary material, data or other writing made or received by any public body whose primary responsibility is economic development for the purpose of furnishing assistance to a new or existing business. This exemption specifically applies to the West Virginia economic development office and other similar public bodies with such responsibilities.

c. Plea for quick response.

The Freedom of Information Act requires a response to all requests within five working days, and the request should ask that this time limit be met. If there is a particularly urgent need for the records, this should be explained and an expedited response requested.