West Virginia Public Records /West Virginia Court Records Online

West Virginia Court Records Online

Are Court Records in West Virginia Open to the Public?

Yes, West Virginia court records are generally open to the public unless they are exempt from disclosure. Under the West Virginia Freedom of Information Act (FOIA), most government records are accessible to citizens. When requesting court records, individuals must provide specific information to facilitate the search, such as:

The case number or case name
Requester's name and contact information
Specific details about the documents requested

Custodians of public records are required to respond to requests within five business days. However, certain records, such as those involving personal privacy or internal law enforcement data, are exempt from public access.

What Information Appears in a West Virginia Court Records Search?

When conducting a West Virginia court records search, the following information typically appears:

Case status and history
Details of the charges
Judge's name
Parties involved in the case
Motions and pleadings filed
Court decisions and dispositions

How To Find Court Records in West Virginia

To obtain court records in West Virginia, individuals must determine the specific courthouse where the case was held. Currently, there is no centralized online database for court records in the state. Interested persons can use the West Virginia Judiciary website to locate the appropriate court and inquire about obtaining records.

Requesters can contact the court by phone to confirm the availability of records and any associated costs. Additionally, individuals may visit the courthouse in person to inspect or copy records. Viewing records is typically free, but obtaining copies may incur a fee.

Public Access to West Virginia Court Records

Requesters who prefer not to visit the courthouse can obtain copies of court records by phone or mail. To request by phone, contact the Clerk of the court and provide the case number or name. The Clerk's office will inform the requester of the cost and payment methods. For mail requests, send a written request to the appropriate courthouse, including:

Requester's name and address
Case number or name
Daytime telephone number
Proof of payment

Searching West Virginia Court Records by Name

West Virginia does not have a statewide online database for court record searches by name. Searches must be conducted by mail, phone, or in person at the relevant courthouse. Use the West Virginia Judiciary's county map to find specific court information, including phone numbers and addresses.

When conducting a name search, provide the case party's name, the judge's name, or the attorney's name. While viewing court records is generally free, obtaining copies may require a fee.

How To Access Court Records Online for Free in West Virginia

Currently, West Virginia does not offer an online tool for free court records access. However, the Northern and Southern District Bankruptcy Courts provide online services via the PACER tool, which charges $0.10 per page. Eligible requesters, such as pro bono attorneys or indigents, may access PACER for free.

Individuals can view court records for free at bankruptcy courthouses using public access terminals. While third-party websites may offer easier searches, they are not government-sponsored and may have limitations.

Exemptions for West Virginia Court Case Lookup

Certain West Virginia court records are exempt from public disclosure. These exemptions include:

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

Confidential records are only accessible to the subject, their designees, attorneys, legal guardians, or authorized persons. These exemptions ensure the protection of sensitive information and personal privacy.

Finding a Court Docket in West Virginia

A West Virginia court docket provides a summary of court proceedings, including case arguments and orders. To find court dockets, individuals can search for Supreme Court of Appeals and Intermediate Court of Appeals dockets on the West Virginia Judiciary website.

For other court levels, visit the courthouse where the case was filed. Dockets offer insight into how cases are resolved and the court's decisions.

What Information Is Found in West Virginia Judgment Records?

West Virginia judgment records contain:

Court's determination of contested issues
Specific issues adjudicated
Remedies awarded or penalties imposed
Case number and parties involved
Filing details by the Clerk of court

These records are accessible to the public, and requesters must provide case-identifying information to obtain them.

Are Bankruptcy Records in West Virginia Publicly Accessible?

Yes, West Virginia bankruptcy records are publicly accessible. They provide financial information on cases filed by individuals or businesses. Requesters must provide:

Case number or name
Specific details about the bankruptcy case
Contact information for follow-up

Bankruptcy records can be accessed through the PACER platform or by contacting the custodial agency.

How To Search Bankruptcy Records in West Virginia

Bankruptcy records in West Virginia can be obtained through various methods:

Phone: Use the court's VoiceCase Information System (VCIS) by calling (866) 222-8029.
Online: Access records via the PACER system, with a fee of $0.10 per page.
In-person: Visit public access terminals at bankruptcy courthouses.
NARA: Request archived records by completing a NARA Bankruptcy Cases Order Form.

Each method may have associated costs for obtaining copies.

Different Types of Courts in West Virginia

West Virginia's court system includes:

Supreme Court of Appeals: Highest court with judicial and administrative jurisdiction.
Intermediate Court of Appeals: Handles civil, family, and administrative appeals.
Circuit Courts: General jurisdiction over civil cases exceeding $7,500, felonies, and more.
Family Courts: Handles cases like annulments, divorces, and child custody.
Magistrate Courts: Issues warrants and hears civil cases under $10,000 and misdemeanors.
Treatment Courts: Problem-solving courts for issues like drug addiction.

Understanding the Differences Between Civil and Small Claims Courts in West Virginia

West Virginia Small Claims Courts, a division of Magistrate Courts, handle claims up to $5,000. Legal representation is allowed, and defendants have 20 days to respond. Plaintiffs can file claims where the defendant lives or where the offense occurred.

Civil Courts handle more complex cases, including those exceeding $7,500. Appeals from Small Claims Courts can be taken to Circuit Courts within 20 days of the decision.

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