West Virginia Court Records

Are West Virginia Court Records Public?

Provided they are not exempt from public disclosure, West Virginia court records are public and may be accessed by citizens and other members of the public. The West Virginia State open record law, the West Virginia Freedom of Information Act (FOIA), stipulates that all government records are public. Irrespective of their physical forms, most documents generated by government bodies while performing their official duties can be inspected or copied by interested individuals or entities. The West Virginia FOIA covers the Judicial, Executive, and Legislative branches of the state.

The custodians of public records in West Virginia are required to make them available to requestors within five business days of application. In West Virginia, requesters can leave the reason for applying to view or copy public records, including court records. Records exempt from the West Virginia FOIA include exam data, trade secrets, archaeological sites, law enforcement records (internal), and any information that may violate personal privacy. Should a record custodian refuse a public record request in West Virginia, a requestor may be unable to appeal formally. Requesters may, however, approach the supervisor of public records to prevail on the record custodian to make requested documents available to them. Since a supervisor of public records cannot force a custodian to honor a public record request, aggrieved requestors may seek relief in court.

What Shows Up on a West Virginia Court Records Search

Per West Virginia Court Rules, court records are official materials, pleading, motions, notices, or other documents filed during a case proceeding or action. Court records help case parties, attorneys, court staff, and members of the public track a case. Court records are typically accessible to the public except if they are sealed, expunged, or exempted from public disclosure. Anyone who wants to inspect or obtain copies of case documents can conduct a court record search in the court where the case was filed. Typically no fees are charged for viewing court records, but copies of such records come with a fee. Court records search helps searchers know a case's status, how a case was handled, the judge in charge of the case, the charges, and the dispositions details of the case.

How Do I Find Court Records in West Virginia?

When trying to obtain court records in West Virginia, inquirers must find out the local courthouse where the case was held. Currently, there are no online pools of court records in West Virginia. Interested persons may look up the West Virginia Judiciary website to locate the specific court keeping their records of interest and then inquire about how to obtain them. Individuals may call the court before their visit to confirm the availability of records and other things involved to enable them to inspect or copy records.

The West Virginia Judiciary Branch provides a county map with detailed information on courts by county on its website. Once a requester has identified the level of court keeping their record of interest, the next vital step is to find out in which of the counties the case was heard. The county map provides the contact information for each court type, including physical addresses and court judges' names. Most court records in West Virginia contain documents regarding criminal and civil court cases tried within the boundaries of the state. They keep all information on such trials from the beginning to the end, including the court decision. People seek to obtain court records in West Virginia for varying purposes but are not mandated to state their reasons for seeking them per the West Virginia Freedom of Information Act. The West Virginia State Law Library provides an online search platform where individuals can access the state's judiciary law-related information. It is a depository library with government documents, which are primarily in print and electronic formats. Documents and information here are, however, limited.

West Virginia Court Records Public Access

Requesters who do not wish to appear at the courthouse to obtain copies of West Virginia court records may do so by phone or via mail. To request by phone, they should contact the Clerk of the court and provide the case number or case name of interest. The Clerk's office will then notify the requestors of the cost of the request and advise the means of payment. To obtain copies of West Virginia court records by mail, interested persons should forward their written request to the appropriate courthouse and county. Some courts may also have specialized forms for each request. Such requests should contain in the minimum, the following information:

• Requestors' names
• Requestors' addresses
• Case numbers or names, or any other details that will facilitate easy retrieval
• Requestors' daytime telephone number
• Proof of payment (the amount should be confirmed from the Clerk's office before ordering a court record)

Generally, most documents in West Virginia court records will include case files, court transcripts, jury records, witness testimony and documentation, dockets, and sentencing or judgment.

How to Conduct a West Virginia Court Record Search by Name

The West Virginia Judiciary does not have a statewide online database where individuals can conduct court records searches by name. Hence, a court record search by name can only be done by mail, phone, or in person at the appropriate courthouse. The West Virginia Judiciary has a map that requesters can click on to find county court information. Go to the specific courthouse where a case was filed and retrieve their phone number, mailing, and physical address. A name search can be done by providing the case party's name, the judge's name, or the attorney handling the case. Copies of court records typically come at a fee, but most West Virginia courts do not charge for viewing court records.

How to Get Court Records Online for Free

The West Virginia State Judiciary needs an online tool to get free court records. However, the State Northern District and Southern District Bankruptcy Courts provide online court record services via the PACER tool. Requesters can use this tool for a low cost of $0.10 per page. Individuals can view court records for free at any of the bankruptcy courthouses. Eligible requesters can also use the PACER tool for free. For example, individuals or groups like pro bono attorneys, indigents, academic researchers, and non-profit organizations are exempted from paying court record fees.

Considered open to citizens of the United States, court records are available through both traditional, government sources, and through third-party websites and organizations. In many cases, third-party websites make the search easier as they are not limited geographically or by technological limitations. They are considered a good place to start when looking for a specific record or multiple records. In order to gain access to these records, interested parties must typically provide:

• The name of the person listed in the record. Juveniles are typically exempt from this search method.
• The last known or assumed location of the person listed in the record. This includes cities, counties, and states.

While third-party sites offer such services, they are not government sponsored entities, and record availability may vary on these sites when compared to government sources.

What Shows Up on West Virginia Judgment Records?

West Virginia judgment records are court documents created when courts hand down a judgment. A judgment is the court's determination of contested issues in a lawsuit, the specific issues adjudicated, and the remedies awarded or penalties imposed on case parties.

Judgments become official when the Clerk of court files the judgment record into the court docket. The court staff is also the record custodian for these records per the West Virginia Freedom of Information Act. The Act also lets residents contact the Clerk's office for copies of the judgment record in a case of interest.

To obtain judgment records in West Virginia, find out the case identifying information, especially the case number and the parties involved. Then, visit the Clerk's office in person during business hours and submit an official request.

Generally, the court administrative staff will require the case number and litigants' names to retrieve the court record. The requester must also pay the associated court fees before the record custodian processes the request. Cash, money order, certified checks, and credit cards are acceptable payment options.

Are West Virginia Bankruptcy Records Public?

West Virginia Bankruptcy records are public. They provide public financial information on cases filed by individuals or personal businesses and companies at bankruptcy court. In compliance with U.S. laws, bankruptcy cases fall under the jurisdiction of the federal courts. In addition, West Virginia Bankruptcy records are constitutionally considered public records according to the Freedom of Information Act (FOIA). The public can request to view documents by contacting the custodial agency. Some records may also be accessed using the centralized United States Public Access to Court Electronic Records (PACER) platform.

Bankruptcy records alongside West Virginia liens, judgments, contracts, and foreclosure documents can be obtained by querying the record custodian in the judicial district where the original petition/claim was filed. However, requestors are typically required to provide information to facilitate the search and cover the cost of reproduction (if required).

How to Find Bankruptcy Records in West Virginia

Bankruptcy records are publicly available in West Virginia. Therefore, bankruptcy records requests can be made to the U. S. Bankruptcy Court for the Northern District of West Virginia or Southern District of West Virginia. Below are several ways to obtain bankruptcy records from any of these courts:

• By Phone: Use the court's automated VoiceCase Information System (McVCIS) by calling (866) 222-8029 to retrieve court records. The VCIS allows requesters to search for 5 debtors per call. To access West Virginia, the requester must press 98 and press 1 for the Northern District or press 41 for the Southern District.
• Online: The Bankruptcy Courts allow requesters to use the Public Access to Court Electronic Records (PACER) web-based system to access court records. Requesters must have an account to be able to view or print court records via this tool. A fee of $0.10 per page and $3 per document.
• In-person: The courts have public access terminals where individuals can view bankruptcy records for free. Copies of bankruptcy records can be retrieved in person at the Clerk's office during business hours for a fee. Go to the Northern District or Southern District of West Virginia website to get the addresses of the courthouses.
• CM/ECF (Case Management and Electronic Case File): Bankruptcy records filed before December 1, 2003, can be retrieved by case parties with a CM/ECF login or viewed at the public access terminals. This is for records that have been closed for more than a year. The Clerk's office can mail bankruptcy records to requesters for $.50 per page.
• National Archives and Records Administration (NARA): Requesters can get archived bankruptcy records from NARA by completing a NARA Bankruptcy Cases Order Form. This form can be sent to NARA by mail, fax, or email. Access to bankruptcy records filed on or after March 3, 2003, is available online at the Clerk's office. Therefore, requesters do not need to send a record request to NARA. The forms should be submitted to:

National Archives at Kansas City
400 W. Pershing Rd.
Kansas City, MO 64108
Phone: (816) 268-8000
E-mail: kansascity.archives@nara.gov

• Online requests for copies from the Clerk's office: The Northern District of West Virginia allows individuals to request bankruptcy court records by email via the WVNB Payment Form. Requesters can pay record fees through credit or debit cards. The Clerk's office will email copies of the records to the address provided by the requester.

Can You Look Up Court Cases in West Virginia?

Yes, inquirers may look up court cases in West Virginia. The West Virginia court system currently does not operate any online pool of court records. Records of criminal and civil cases are kept at the courthouses hearing such records. They may include paper documents or electronic files. Interested individuals can look up court cases in West Virginia by either calling the court where they are being heard or visiting them. All the West Virginia State courts have their addresses and contact information on the county map provided on the Judiciary Branch website. Persons interested in looking up court cases in the state should select a county on the map to obtain the court of record contact information. The easiest way to look up court cases at the courthouse is to provide the case number. The case or party names, among other search parameters, are other retrieval parameters to look up court cases in West Virginia.

West Virginia Court Case Lookup Exemptions

The West Virginia Public Records Act provides public access to court records. However, the West Virginia law or court order can restrict certain records from public disclosure. Examples of such records are:

• Adoption records
• Mental hygiene proceedings
• Juvenile delinquency proceedings
• Abuse and neglect proceedings
• Guardianship and conservatorship proceedings

Confidential court records are only available to the subject of records, their designees, their attorneys, a legal guardian, or any other person authorized by law.

How to Find a Court Docket in West Virginia

A West Virginia court docket gives a summary of a court proceeding. It reveals the arguments on a case filed with the court. Court dockets provide insight into the way a court case was resolved. Individuals would be able to find information on the orders given by a court, the briefs of the petitioner and defendant, and the replies given to the case arguments. Individuals can search for the Supreme Court of Appeals dockets and Intermediate Court of Appeals dockets on the West Virginia Judiciary website.

Types of Courts in West Virginia

The West Virginia court system comprises various appellate and lower courts. The court is structured in the following manner:

• The Supreme Court of Appeals: This is the highest court in West Virginia, with judicial and administrative jurisdiction over all courts in the state. The Supreme Court has 5 justices who preside over:
  • Appeals from Circuit Courts
  • Appeals from the Intermediate Court of Appeals
  • Extraordinary writs involving domestic violence and habeas corpus
  • Cases requiring interpretation of state and federal laws and constitutions.
• Intermediate Court of Appeals (ICA): It handles appeals of civil, family, administrative, and guardianship/conservatorship cases. There are three ICA judges in West Virginia.
• Circuit Courts: They have general jurisdiction over civil cases that exceed $7,500, felonies, cases in equity, some misdemeanors, and proceedings in habeas corpus. The circuit courts handle appeals from municipal courts, magistrate courts, and administrative agencies, except workers' compensation appeals. West Virginia has 31 Circuit Courts with 75 judges.
• Family Courts: They handle cases that involve annulment, name change, separate maintenance, infant guardianship, paternity, divorce, grandparent visitation, and child custody. West Virginia has 47 family court judges presiding over 27 family court circuits.
• Magistrate Courts: They issue arrest and search warrants and emergency domestic violence protective orders. Magistrate courts hear civil cases that do not exceed $10,000, misdemeanor cases, and conduct preliminary examinations in felony cases. West Virginia has 159 magistrates.
• Treatment Courts: These are problem-solving courts that help participants overcome issues that make them commit crimes. The Treatment Courts in West Virginia are juvenile drug courts, adult drug courts, and family treatment courts.

Civil vs Small Claims Courts in West Virginia: Understanding the Difference

West Virginia, Small Claims Courts, are divisions of Magistrate Courts that hear small claims cases as well as other civil legal matters. The most a plaintiff can ask for in a West Virginia small claims case is $5,000. Although most states in America do not allow attorneys to represent parties in small claims, legal representation is permitted in a West Virginia small claims proceeding. Any disinterested adults can file small claims in West Virginia, and defendants have 20 days to appear or file written responses. They have up to 30 days if the service is made by their attorneys. Either party to a West Virginia small claims case may request a jury trial once the claimed amount is more than $20 or involves ownership of real estate.

Plaintiffs may sue defendants in West Virginia small claims cases where they live or where the offense happened. For non-resident defendants, plaintiffs can file claims where they (plaintiffs) reside or where the defendants can be found. If the small claims involve properties, plaintiffs may file the cases in the same locations as the properties. In West Virginia, small claims cases are appealable. Either party can initiate an appeal as a new trial to the West Virginia Circuit Court within 20 days after the Magistrate Court decision or denial of further legal action.