Understanding Civil Court Records in West Virginia

Civil court records in West Virginia are judicial documents that provide information about civil cases filed within the state's court system. Unlike criminal cases, civil cases are legal disputes between private parties. These cases are initiated when one party (the Plaintiff) files a civil complaint against another party (the Defendant). They may involve two or more parties, such as individuals, organizations, or businesses.

West Virginia civil court records are generally public, as outlined in WV Trial Court Rule 10.04. The rule states that everyone is entitled to information and documents regarding the state's judicial system's affairs and operations. These include court records of civil cases. The rule is also backed by WV Code § 51-4-2. Nonetheless, these laws and regulations are subject to certain limitations.

Civil Court Record Statistics Reported by West Virginia Courts

According to the West Virginia Supreme Court of Appeals Administrative Office's 2024 Annual Statistical Report, there were 64,832 civil cases filed across West Virginia Courts in 2024. Of this total, 20,297 cases were filed in Circuit Courts, which accounted for a significant portion (51%) of the total number of cases these courts handled.

However, far more civil cases (44,535) were filed in Magistrate Courts, which made up 25% of these courts' total caseloads in 2024. A breakdown of the Magistrate Court statistics reveals that small claims accounted for 30,060 cases (67.5%), domestic violence petitions for 9,769 cases (22%), and personal safety order petitions for 4,670 cases (10.5%).

How Civil Records Differ from Criminal Records in West Virginia

In West Virginia, a primary difference between civil records and criminal records lies in their origin. As their names imply, civil records are derived from civil cases, which concern disputes between private parties. Meanwhile, criminal records are created as a result of criminal cases, which involve the government charging an individual with committing a criminal offense. Other noteworthy differences between criminal and civil records are outlined in the table below:

Category	Civil Record	Criminal Record
Purpose	Settle disputes between private parties by requiring the at-fault party to provide compensation to their victim for damages or injuries they suffered.	Ensures offenders are appropriately punished for their crimes, which in turn upholds public order and serves as a deterrent to future offenses.
Case Titles	Plaintiff v. Defendant	State of West Virginia v. Defendant
Potential Outcome	Financial settlements or court-ordered actions	Fines, community service, probation, or imprisonment
Burden of proof	The evidence must indicate that the defendant was at fault and is liable	The evidence must indicate that the defendant was guilty of committing the alleged crime beyond a reasonable doubt or near certainty.
Governing law	West Virginia Rules of Civil Procedure	West Virginia Rules of Criminal Procedure

Structure of the Civil Court System in West Virginia

The West Virginia Court System is composed of six (6) types of courts: the Supreme Court of Appeals, the Intermediate Court of Appeals (ICA), the circuit courts, the family courts, the magistrate courts, and the municipal courts. Civil cases may fall under the jurisdiction of a magistrate court or circuit court, depending on the specifics of the case. Generally, the circuit courts are the state's trial courts of general jurisdiction, while the magistrate courts are trial courts of limited jurisdiction. The table below provides a detailed breakdown of the specific types of civil cases these court handles

Court	Type of Civil Cases
West Virginia Circuit Courts	Exercises general jurisdiction over all civil cases involving more than $300 and all civil cases in equity. The ICA handles appeals of civil cases originating from the circuit courts
West Virginia Magistrate courts	Have jurisdiction over civil cases where the disputed financial amount is less than $20,000. These courts are also responsible for issuing emergency protective orders in cases involving domestic violence.

West Virginia's current court system came into effect on January 1, 1976, under the State's Judicial Reorganization Amendment, which ended the justice of the peace system and reorganized the judiciary. Additionally, a constitutional amendment was introduced in November 2000 that allowed for the creation of separate family courts. Meanwhile, the West Virginia Intermediate Court of Appeals was established by the WV Codes §51-11-3 in 2021.

Public Access to Civil Court Documents in West Virginia

The WV Trial Court Rule 10.04 establishes the public right to access civil court documents and other types of court records pursuant to the West Virginia Freedom of Information Act. Notwithstanding, a state statute, federal law, or a court rule may exempt the court records from public access. For instance, parties to a civil action may file a motion with a court of appropriate jurisdiction to limit access to their case's court files under WV Trial Court Rule 10.03. Furthermore, the West Virginia Freedom of Information Act Exemptions (WV Code § 29B-1-4) also list certain information and records that are protected from public disclosure. Most notably, an individual's personal, medical, and other similar details in civil court documents are protected from public access if their public disclosure would constitute an unreasonable invasion of privacy.

Individuals who wish to access public West Virginia civil court documents may do so online through the Court Records Access website provided by the West Virginia Judiciary. Public court records of civil cases heard by circuit and magistrate courts are accessible through the website by selecting the appropriate option. Generally, users are required to log in to access the search portal for Circuit Court records, while the search portal for magistrates' court records does not have login requirements. On these portals, users may search for civil court records by party name, case ID, and filing date.

Alternatively, records seekers may access civil court records in person at the local courthouse where the sought-after case was heard. Most courts provide public computer terminals in their clerk's office that visitors may use to access public records of cases they handled for free during regular office hours. Interested persons may also request physical copies of civil court records for a fee at the court clerk's office.

Types of Civil Cases Filed in West Virginia Courts

Different types of civil cases may be filed in West Virginia courts due to specific legal issues. Some of the most common categories include:

• Family law: these are cases concerning a family unit. They include divorce, family support proceedings, paternity, annulment, grandparent visitation, and allocation of parental responsibilities. They fall under the jurisdiction of the West Virginia family courts.
• Contract disputes: These are centered on a legally valid contract between two or more parties, where one party fails to meet the contract's terms without providing a valid reason for doing so. This may include failing to make a payment or perform a specific task.
• Torts: this may arise as a result of one party's actions causing physical or reputational injury to another party. The affected party may file a tort claim to seek compensation from the at-fault party. Examples of tort claims include personal injury, fraud, negligence, defamation, medical malpractice, battery, etc.
• Probate and estates: These are cases involving the validation of a decedent's will and the settlement of their estate. Per WV Code § 7-1-3, the West Virginia county commission has jurisdiction over all probate matters.
• Small claims: These are claims involving less than $20,000 in dispute. They fall under the jurisdiction of the magistrate courts.

Information Captured in West Virginia Civil Court Files

In West Virginia, civil court files typically contain general information about a case, including the names of the case's parties, the case ID, the filing date, and the claim amount. They are also composed of various documents filed with and generated by the presiding court during the course of the civil litigation. These include:

• Civil compliant
• Summons
• Motion
• Pleadings
• Affidivates
• Judgement
• Payment records

The above list is not all-encompassing, as the specific contents of civil court files may vary by case. Some cases may have more court documents than orders. Nonetheless, civil court files are primarily maintained by the clerk's office of the court that handled the case. For instance, court files of civil cases heard in Berkeley Circuit Court are preserved by Berkeley's Clerk of the Circuit Court.

Retention and Archiving of Civil Court Records in West Virginia

West Virginia does not have a centralized record retention schedule that specifies the retention periods for different types of civil court records. Instead, there are specific state codes and administrative rules that outline the retention periods for certain types of civil court records. For instance, the Administrative Rules For The Magistrate Courts (Rule 12) establishes the following civil records retention time limits:

• Civil judgment dismissing complaint: a year after the dismissal date
• Judgment awarding relief: 10 years after the last collection activity
• Appealed judgment: all records are forwarded to the circuit clerk, and the transfer sheet signed by the clerk is retained for 10 years.
• Denied emergency protective order: 10 years from the order entry date.
• Granted emergency protective order: all records are forwarded to the circuit clerk, and the transfer sheet signed by the clerk is retained for 10 years.

Generally, older court records are transferred to the West Virginia Division of Culture and History for archiving and storage. Interested persons may contact the agency to request these records at:

References and Official Resources

West Virginia official resources an individual may use to access civil court records, as well as the agencies and public offices that manage these records, include the following:

• The West Virginia Judiciary Court Records Access website may be used to search and access court records of various types of cases handled by the West Virginia courts.
• West Virginia Courts Directory: Provides the contact information and addresses of West Virginia courts by county.
• West Virginia Division of Culture and History: This agency is responsible for maintaining archived court records.