Nicholas County Court Records Search
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Nicholas County, West Virginia, sits at the heart of the Mountain State with its county seat in Summersville. The county's judicial system handles everything from felony prosecutions and civil disputes to family proceedings and estate administrations — all generating official court records that are largely open to the public. Whether you're running a background check, researching a legal matter, or tracing family history, knowing how the local court system is organized and where its records live will save you a lot of time.
West Virginia court records can be searched through the West Virginia Judiciary's Court Record Access portal, which connects to both circuit and magistrate court case search systems covering all 55 counties in the state. WestVirginiaCourts.us is another useful resource for publicly available case information, court forms, and directions to local clerk offices. In-person access, mail requests, and public access terminals at the courthouse are also available.
How to Look Up a Court Case in Nicholas County?
You can access Nicholas County court records online, in person, or by mail. Which route works best depends on the type of record and how old it is.
Online Search Options
The West Virginia Judiciary offers two separate online portals:
- Circuit Court Records (WVPASS): The West Virginia Public Access Search System (WVPASS) launched in March 2025 and provides online access to publicly available circuit court documents dating back to 1999. Search by name or case number to pull up Nicholas County Circuit Court cases, including civil, criminal, and family matters.
- Magistrate Court Records: The Magistrate Case Record Search lets anyone search magistrate court case information statewide by first name, last name, or case number. Because this system doesn't guarantee complete records, follow up with the Magistrate Clerk if you need confirmation.
In-Person Access
If you need certified copies or prefer to visit in person, go directly to the appropriate clerk's office:
| Office | Address | Phone | Hours |
|---|---|---|---|
| Nicholas County Circuit Clerk | 700 Main Street, Suite 5, Summersville, WV 26651 | (304) 872-7810 | Mon–Fri, 8:30 a.m.–4:30 p.m. |
| Nicholas County Magistrate Clerk | 511 Church Street, Summersville, WV 26651 | (304) 872-7829 | Mon–Fri, 8:30 a.m.–4:30 p.m. |
| Nicholas County Clerk (Probate/Vital/Property) | 700 Main Street, Suite 2, Summersville, WV 26651 | (304) 872-7820 | Mon–Fri, 8:30 a.m.–4:30 p.m. |
Mail Requests
To request certified copies by mail, send a written request, a copy of a valid government-issued photo ID, and a check or money order for the applicable fees to the Circuit Clerk or County Clerk at the addresses above. You can also email the Circuit Clerk at deborahr.facemire@courtswv.gov before submitting to confirm what you'll need to include.
Are Court Records Public in Nicholas County?
West Virginia law starts from a broad presumption that court records are open to the public. The West Virginia Freedom of Information Act (W. Va. Code § 29B-1-1 et seq.) and Rule 10.04 of the West Virginia Rules of Judicial Administration together set the rules for what's open and what's shielded from disclosure.
Under those rules, most case filings, orders, judgments, and court documents from the Nicholas County Circuit, Magistrate, and Family Courts are generally public. Certain categories are restricted, however, and require a court order to access:
- Juvenile records and proceedings
- Adoption records
- Mental health commitment records
- Records sealed or expunged by court order
- Grand jury proceedings and materials
- Active law enforcement investigation files
- Personal identifying information, including Social Security numbers, financial account numbers, and protected medical information
When restricted information appears within an otherwise public document, the Circuit Clerk is authorized to redact only those specific portions before releasing the record — the rest of the document stays accessible. If you believe a records request was improperly denied, you can file a written complaint or seek judicial review under the FOIA. You're not required to explain why you want a public court record.
Nicholas County Criminal Court Records
Criminal cases in Nicholas County are handled at two levels depending on the severity of the offense.
Sixteenth Judicial Circuit — Nicholas County Circuit Court
The Nicholas County Circuit Court is the trial court of general jurisdiction for the Sixteenth Judicial Circuit, which covers only Nicholas County. It handles all felony criminal matters — offenses potentially punishable by more than one year of incarceration — and also receives appeals from magistrate and municipal courts.
Nicholas County Courthouse
Address: 700 Main Street, Room 216, Summersville, WV 26651
Phone: (304) 872-7840
Fax: (304) 872-7887
Judge: The Honorable Stephen O. Callaghan
Circuit Clerk Debbie Facemire maintains all criminal case files, including felony complaints, indictments, plea agreements, sentencing orders, and appeal records. Circuit Court terms are held in January, May, and September each year.
Nicholas County Magistrate Court
The Nicholas County Magistrate Court handles misdemeanor criminal cases, conducts preliminary examinations in felony cases, and issues arrest and search warrants. Three magistrates currently serve the county: Magistrate Elizabeth A. Boso, Magistrate Mike Hanks, and Magistrate Bobby Joe Holdren.
Address: 511 Church Street, Summersville, WV 26651
Magistrate Court Phone: (304) 872-7850 | (304) 872-7829 (Clerk)
Fax: (304) 872-9626
Arrest Records and Sheriff's Office
The Nicholas County Sheriff's Department keeps records related to arrests, incidents, and inmate bookings. Sheriff John W. Evans Jr. leads the department.
Address: 700 Main Street, Suite 3, Summersville, WV 26651
Law Office: (304) 872-7880
Dispatch: (304) 872-7814
Website: nicholascosheriff.com
Current inmate status for regional jails across West Virginia — including Nicholas County — is available through the WV Regional Jail Daily Incarcerations portal. This system updates regularly, though information can change quickly. For official criminal history reports used in background checks, contact the West Virginia State Police, which manages criminal history records at the state level.
Nicholas County Civil Court Records
Civil court records in Nicholas County are divided between the Circuit Court and the Magistrate Court based on the dollar amount in dispute.
Circuit Court Civil Jurisdiction
The Nicholas County Circuit Court handles all civil cases without an upper dollar limit — general civil actions, personal injury claims, contract disputes, and appeals from lower courts. The Circuit Clerk maintains civil case records including petitions, answers, counterclaims, motions, affidavits, exhibits, final orders, and post-trial filings.
To search circuit court civil records online, use WVPASS, which covers publicly available documents from 1999 forward. Certified copies can be obtained directly from the Circuit Clerk's office for a per-page fee.
Magistrate Court Civil Jurisdiction — Small Claims
The Nicholas County Magistrate Court hears civil cases involving amounts up to $20,000, following an amendment to W. Va. Code § 50-2-1 that took effect in July 2025 — doubling the prior $10,000 cap. This is the right venue for small claims filings, landlord-tenant disputes, and contract matters below that threshold.
If you're representing yourself, Legal Aid of West Virginia offers step-by-step guidance on filing civil cases in magistrate court. Court forms for magistrate civil filings are also available on the West Virginia Judiciary website.
Property Records
Property-related civil records — deeds, mortgages, and liens — are kept by the Nicholas County Clerk's Office at 700 Main Street, Suite 2, Summersville, WV 26651, Phone: (304) 872-7820 That office's recorded document index is searchable online at nicholaswv.compiled-technologies.com. For property assessments and tax maps, reach Nicholas County Assessor Betty Griffin at the same courthouse address, Phone: (304) 872-7800 The statewide West Virginia Property Assessment Portal also allows parcel searches by owner name, parcel ID, and map number.
Nicholas County Family Court Records
Family court matters in Nicholas County are heard by the Sixteenth Family Court Circuit, which covers Clay and Nicholas Counties. Judge Harley E. Stollings presides, with court sessions held at:
Nicholas County Family Court
Address: 511 Church Street, 3rd Floor, Summersville, WV 26651
Phone: (304) 872-9618
Fax: (304) 872-9621
The Nicholas County Family Court has jurisdiction over divorce, annulment, separate maintenance, child custody, child support, paternity, grandparent visitation, and domestic violence civil proceedings. Records from these proceedings — including petitions, final divorce decrees, custody orders, and support orders — are filed with and maintained by the Nicholas County Circuit Clerk.
Accessing Divorce Records
Divorce records are generally public in West Virginia, though the clerk will redact any information protected by privacy statutes before releasing copies. You can request certified copies of Nicholas County divorce decrees in person or by mail from the Circuit Clerk at 700 Main Street, Suite 5, or by emailing deborahr.facemire@courtswv.gov. Historic divorce records are also searchable through WVPASS.
Marriage Licenses and Marriage Records
Marriage licenses are issued by the Nicholas County Clerk's Office at 700 Main Street, Suite 2, Summersville. Under West Virginia law, Nicholas County marriage records are confidential for the first 50 years following the marriage date. During that window, only the named spouses, immediate family members, legal representatives, and persons with a court order may obtain copies. After 50 years, the records are open to anyone.
To search older Nicholas County marriage records, the West Virginia Department of Arts, Culture, and History Vital Records Interactive Page offers a searchable historical database. For certified copies of more recent records, contact the Nicholas County Clerk's Office or mail your request to:
WV Vital Registration Office
Room 165, 350 Capitol Street, Charleston, WV 25301-3701
The West Virginia Department of Health charges $12.00 per certified copy of a marriage certificate, and the fee covers a non-refundable record search.
Birth and Death Records
Birth and death records are managed by the Nicholas County Clerk for local certified copies, and by the West Virginia Department of Health for state-level requests. Birth records are confidential for 100 years from the date of birth; death records are confidential for 50 years from the date of death. Eligible requesters include the named individual (if 18 or older), immediate family members, legal guardians, and authorized representatives.
Certified copies cost $12.00 per copy whether you order through the state Certificate Requests portal or mail your request to the Vital Registration Office. Include a photocopy of a valid government-issued photo ID with your request. Death certificate request forms are available directly from the WV Department of Health and should be accompanied by payment, a self-addressed stamped envelope, and your ID documentation.
Nicholas County Probate Court Records
West Virginia splits probate jurisdiction between two offices. The Circuit Court handles contested probate matters, while non-judicial estate documents — wills filed for safekeeping, appraisements, and estate inventories — are recorded and kept by the County Clerk. Knowing which office holds which documents will save you from submitting requests to the wrong place.
Contested Probate and Judicial Records
When a will is formally contested, or when a court must resolve disputes over intestate succession, guardianships, or conservatorships, those proceedings go through the Nicholas County Circuit Court. Case files, orders, and hearing transcripts from these proceedings are kept by the Circuit Clerk at 700 Main Street, Suite 5, Summersville, WV 26651, Phone: (304) 872-7810 Matters filed since 1999 can be searched through WVPASS.
Non-Judicial Probate Records — County Clerk
The Nicholas County Clerk's Office holds non-case-related probate documents, including:
- Filed wills and codicils
- Estate inventories and appraisements
- Letters testamentary and letters of administration
- Settlement accounts
- Guardianship and conservatorship filings outside contested litigation
The County Clerk's document index is searchable online at nicholaswv.compiled-technologies.com by document type, name, or date range. For certified copies or to review original documents, contact:
Nicholas County Clerk's Office
Address: 700 Main Street, Suite 2, Summersville, WV 26651
Phone: (304) 872-7820
Hours: Monday–Friday, 8:30 a.m.–4:30 p.m.
Older probate records, including historical wills and estate files, may also appear in genealogical databases. The West Virginia Department of Arts, Culture, and History Vital Records Interactive Page offers tools for researching historical records that can be useful for estate genealogy work.
When requesting any probate record, be prepared to provide the decedent's full name, the approximate date of death or probate filing, and — for recent restricted records — documentation showing your relationship to the estate. Fees for certified copies vary depending on document type and page count, so contact the relevant clerk's office for current fee information before submitting your request.