West Virginia

V. Procedures for issuing and contesting subpoenas

In West Virginia, there are no special legal procedures required to serve a subpoena on a member of the news media unique from the general requirements of service of such subpoenas on any other party.

(1). How does the requester memorialize the refusal?

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

5. Private matter on private e-mail

There have been no court decisions indicating how private records contained in private e-mail archives should be treated. However, based upon the West Virginia Court’s holding in Associated Press v. Canterbury, supra. it is likely that records of discussion of private matters on private e-mail will fall outside the law’s disclosure requirements because they fail to fall within the definition of  West Virginia FOIA’s definition of “public record.”

C. Court review of administrative decision.

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

H. Post-trial records

Overview

West Virginia

b. Notice requirements.

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

a. Individual agencies.

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

IV. RECORD CATEGORIES -- OPEN OR CLOSED

As noted in the last section, the only exemptions available under the Freedom of Information Act are the nineteen categories of information specifically exempted in the statute. This section addresses the availability of certain specific types of records for which requests are frequently made.

1. Appeal routes.

The only appeal route from a circuit court decision is to the West Virginia Supreme Court of Appeals.