What are West Virginia Court Records?

Case Files/Information

These documents have detailed information about a legal case, including the people involved, case numbers, filing dates, and case types.

Dockets

Dockets are lists of court events, hearings, and scheduled proceedings. They provide an overview of case progress and upcoming activities.

Judgments and Orders

These documents contain information on court decisions, rulings, and outcomes. Judgments determine who is responsible and any resulting payments or punishments, while orders address the procedures during a lawsuit.

Transcripts

Transcripts are exact records of what is said in court, including during hearings, trials, and when judges make decisions. They document spoken testimony, arguments, and judicial rulings.

Evidence

Court records that contain evidence shown during trials, such as exhibits, photos, or expert reports.

Court Minutes

Minutes summarize court sessions, noting actions taken, motions filed, and discussions held. They provide a concise account of what transpired during hearings.

Pleadings

These legal documents are filed by parties or attorneys and include complaints, indictments, motions, orders, and jury verdicts.

Briefs

Attorneys write briefs to present legal issues, relevant facts, and persuasive reasoning to appellate courts. Briefs are an important part of appeals.

Criminal Cases

Criminal cases involve actions that are considered offenses against the state. These cases are brought to trial by the government and can lead to penalties, including fines, imprisonment, or other forms of punishment. Magistrate courts handle preliminary hearings in felony cases and minor criminal matters. Circuit Courts handle all felony cases and appeals from the magistrate courts, and the Supreme Court of Appeals handles appeals of criminal cases from lower courts.

Criminal cases in West Virginia include:

• Felonies (Rape, murder, drug trafficking, burglary, homicide, and kidnapping)
• Misdemeanor (petty theft, disorderly conduct, simple assault)
• Domestic violence
• Juvenile crimes committed by minors
• Traffic cases involving DUI

Civil Cases

Civil cases in West Virginia are non-criminal disputes between individuals and organizations, seeking monetary compensation, property recovery, or specific performance rather than criminal penalties. Smaller claims are handled by Magistrate Courts, while more significant disputes are taken to the Circuit Courts. Family-related issues are addressed in the Family Courts.

In certain instances, cases may also be heard by the West Virginia Supreme Court of Appeals if they are appealed. Some examples of civil cases include:

• Contract disputes
• Family Law cases
• Probate and Estate cases
• Civil rights cases
• Defamation cases
• Property disputes

Supreme Court of Appeals

The Supreme Court of Appeals of West Virginia is the highest in the state, and it has judicial and administrative jurisdiction over the entire state court system. West Virginia's Supreme Court, is one of the busiest courts in the nation, handling about three thousand appeals per year. The court sits in the capital, Charleston, but holds special sittings across various locations in the state.

There are five Supreme Court justices (not judges) who are elected to 12-year terms in nonpartisan statewide elections. However, the chief justice is chosen by members of the court and serves a one-year term. Conversely, upon the death, resignation, or removal of a sitting justice, the West Virginia Constitution permits the Governor to appoint a replacement.

The Supreme Court of Appeals holds two regular sessions annually. The first session commences on the second Tuesday in January, and the second session commences on the first Wednesday in September. The Court may also sit in special sessions as required.

The West Virginia Constitution gives the Supreme Court power to create rules, and their decisions can be appealed only to the Supreme Court of the United States, which may or may not agree to consider an appeal.

Intermediate Court of Appeals

The Intermediate Court of Appeals (ICA) has jurisdiction over judgments in civil, family, worker's compensation, administrative, and guardianship/conservatorship cases. The court has no original jurisdiction and no criminal jurisdiction. The West Virginia Intermediate Court of Appeal was passed into law on April 9, 2021, and officially began operating on July 1, 2022. The ICA has since 2022, handled over 300 appeals per year.

Although the court system's primary office building is in the Kanawha City neighborhood of Charleston, the court is empowered to hold court at any county seat in the state when the lawyers involved reside in those regions. These counties include Grant, Lewis, Morgan, Raleigh, and Wetzel.

The ICA has three judges, each elected on a nonpartisan basis for ten-year terms. If a judge is removed, the Chief Justice of the Supreme Court of Appeals shall appoint a current circuit judge to temporary duty on the court.

The court is required to issue a written opinion on every case properly before it. These opinions are binding precedent unless overruled on further appeal to the Supreme Court of Appealsor the U.S Supreme Court.

Circuit Courts

The West Virginia circuit courts are the state's trial court of general jurisdiction. They are the only state trial courts in West Virginia that are courts of record. The existing fifty-five counties in West Virginia are divided into thirty-one circuits. Different circuits have different numbers of judges; 11 circuits have only a single judge. Effective with the 2024 election, the circuits will be realigned into 30 circuits, with only one having a single judge.

The circuit courts have original jurisdiction over:

• All civil cases with an amount in controversy over $300
• All civil cases in equity
• Writs of habeas corpus, mandamus, quo warranto, prohibition, and certiorari
• All felonies and misdemeanors

They also receive appeals from magistrate courts, municipal courts, and family court decisions in domestic violence proceedings.

The elections are "non-partisan", and judges serve eight-year terms. If a circuit judge leaves office before the expiration of his or her term, the governor appoints a replacement to serve until the next election.

Family Courts

Disputes related to children and families are heard and resolved by the Family Courts in West Virginia. More examples of cases handled by the Family Courts include:

• Divorce
• Annulment.
• Separate maintenance.
• Issues involving the allocation of parental responsibility
• Family support proceedings.
• Family court judges also hold final hearings in domestic violence civil proceedings.

The system known as "Family Law Matters", which was in operation from 1986 to 2001, allowed for "recommended decisions" to be made to the Circuit Judge, but it proved unsatisfactory. In 2022, the Family Courts replaced this system. Before 2002, family court judges were appointed by the governor, but for the first time in 2002, they began to be elected in partisan elections.

There are currently forty-seven family court judges serving twenty-seven family court circuits. Similar to Circuit Court Judges, family court judges are non-partisan and are appointed by the Governor for eight-year terms. If a Family Court Judge leaves office before the end of their term, the Governor appoints a replacement to serve until the next election.

Magistrate Courts

The magistrate courts in West Virginia primarily handle small claims cases and are where the majority of court cases are heard. They are often referred to as the "people's court". There are at least two magistrates in each county and ten in the largest "Kanawah" county in the state. Currently, there are about 160 magistrates in West Virginia.

Magistrates oversee civil cases involving disputes of less than $10,000. They also preside over misdemeanor cases and conduct initial hearings in felony cases. In criminal cases, magistrates issue and document affidavits, complaints, arrest warrants, and search warrants. They determine bail amounts and make decisions regarding proposed plea agreements, court costs, cash bonds, and fines. Additionally, magistrates have the authority to issue emergency protective orders in cases of domestic violence.

In West Virginia, while Circuit Court judges and Supreme Court of Appeals justices must be licensed attorneys for at least five years before running for office, magistrates have different requirements. Although lawyers can run for the position and have been elected in the past, the majority of magistrates in West Virginia are not attorneys.

West Virginia Judiciary Website

Visit the West Virginia Judiciary website to gain access to official court case records. On the website, you have the option to search for specific cases using the case number, party name, or attorney name.

• Go to the "Public Resources" section.
• Select "Case Information".
• Use the search tool to find the specific case by entering the required details.

For older records, residents may need to visit the courthouse where the case was filed and can request to view the records in person.

West Virginia State Law Library

The West Virginia State Law Libraryis a valuable resource for anyone seeking to conduct legal research. It provides a wide range of materials, including access to court opinions, case law, statutes, regulations, and legal encyclopedias.

PACER (Public Access to Court Electronic Records)

For federal cases in West Virginia, court records can be accessed through the Public Access to Court Electronic Records (PACER) system. PACER is a national database that allows users to view and download case and docket information from U.S. District, Bankruptcy, and Appellate courts online.

County Clerk's Office

For local cases, residents can visit or contact the County Clerk's Office in the specific county where the case was filed. Many County Clerk's Offices have online systems available to access case information. Alternatively, residents can visit the office "in person", where staff can assist with inquiries.