West Virginia Code § 53-8-2

Confidentially of proceedings
Open in Lexace · Ask the AI about this section
(a) General Provisions. -- All orders, findings, pleadings, recordings, exhibits, transcripts or
other documents contained in a court file are confidential and are not available for public
inspection: Provided, That unless the file is sealed pursuant to section seventeen of this
article or access is otherwise prohibited by order, any document in the file shall be available
for inspection and copying by the parties, attorneys of record, guardians ad elitem, designees
authorized by a party in writing and law enforcement. A magistrate or circuit judge may
open and inspect the entire contents of the court file in any case pendinrg before the
magistrate's or judge's court. When sensitive information has been disclosed in a hearing,
pleading or document filing, the court may order such information sealed in the court file.
Sealed court files shall be opened only pursuant to section seventeen of this article.
(b) (1) Proceedings are not open to the public. -- Hearings conducted pursuant to this article
are closed to the general public except that persons whom the court determines have a
legitimate interest in the proceedings may attend.
(2) A person accompanying the petitioner mays not be excluded from being present if his or
her presence is desired by the person seeking a petition unless the person's behavior is
disruptive to the proceeding.
(c) Orders permitting examination or copying of file contents. –- Upon written motion, for
good cause shown, the court may enter an order permitting a person who is not permitted
access to a court file under subsection (a) to examine and/or copy documents in a file. Such
orders shall set forth specific findings which demonstrate why the interests of justice
necessitate the examination, copying, or both, and shall specify the particular documents to
be examined and/or copied and the arrangements under which such examination, copying,
or both, may take place.
(d) Obtaining confidential records. -- Unless both the petitioner and the respondent waive
conWfidentiality in writing, records contained in the court file may not be obtained by
subpoena but only by court order and upon full compliance with statutory and case law
requirements.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.