3. Filing of affidavit

In West Virginia, the reporters' privilege does not require the subpoenaing party to make a sworn statement in order to procure the reporter's testimony or materials. Practically speaking, however, the subpoenaing party is required to prove the elements outlined in the Hudok case if a motion to quash the subpoena is made by the reporter. The subpoenaing party responding to a motion to quash would have to meet the standard set forth in Hudok v. Henry: therein it was held that the party seeking to compel information from a reporter generally must show "clearly and specifically" that the information sought from the reporter is (1) "highly material and relevant, necessary or critical to the maintenance of the case"; and (2) "not obtainable from other available sources."