Upshur County Court Records Search
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Upshur County, West Virginia is home to a court system spanning three judicial tiers — the Circuit Court, the Family Court, the Magistrate Court, and the Buckhannon Municipal Court — all operating from the county seat of Buckhannon. Court records from these courts include docket sheets, summonses, subpoenas, orders, and final decrees, forming the official legal history of every case filed within the county. Whether you're looking into a civil judgment, researching a criminal matter, or tracing a family court proceeding, knowing which court maintains the records you need — and how to request them — is where everything starts.
West Virginia residents and researchers can access records through official court and clerk's offices, courthouse public access terminals, and two dedicated online search systems. WestVirginiaCourts.us can help you identify publicly available case information and navigate the state's court structure before making a direct inquiry to a local office.
How to Look Up a Court Case in Upshur County?
Upshur County court records are split between two primary clerk offices depending on where the case was filed. The Circuit Clerk maintains records for the Circuit Court and Family Court, while the Magistrate Court Clerk handles magistrate-level cases. The County Clerk is a separate office that holds vital records, land records, and wills.
Court Contacts
| Court | Address | Phone | Fax |
|---|---|---|---|
| Circuit Court / Family Court Clerk | 38 West Main Street, Room 304, Buckhannon, WV 26201 | (304) 472-2370 | (304) 472-2168 |
| Magistrate Court Clerk | 38 West Main Street, Room 204, Buckhannon, WV 26201 | (304) 472-2053 | (304) 472-2061 |
| County Clerk | 40 West Main Street, Room 101, Buckhannon, WV 26201 | (304) 472-1068 | (304) 472-1029 |
| Buckhannon Municipal Court | 70 East Main Street, Buckhannon, WV 26201 | (304) 472-1651 | (304) 472-4620 |
Both the Circuit Clerk's Office and the County Clerk's Office are open Monday through Friday, 8:00 a.m. to 4:00 p.m.
Online Search Options
The West Virginia Judiciary provides two dedicated online portals for court record access:
- Circuit Court Records — The West Virginia Public Access Search System (WVPASS) launched in March 2025 and provides online access to publicly available circuit court documents from all 55 West Virginia counties, dating back to 1999. You can search Upshur County circuit court records by case number, party name, and other identifiers.
- Magistrate Court Records — The Magistrate Court Record Search tool provides case information from all West Virginia magistrate courts statewide. Enter a first or last name or a case number to generate results of up to 30 records per search.
Both tools are accessible through the West Virginia Judiciary's Court Record Access page. Neither system replaces certified copies, which must be obtained directly from the clerk's office.
Are Court Records Public in Upshur County?
West Virginia law establishes a clear presumption in favor of public access to government records. Under West Virginia Code § 29B-1-3 (the West Virginia Freedom of Information Act), every person has the right to inspect or copy any public record of a public body in the state, except as expressly exempted. The burden falls on the custodian — not the requester — to demonstrate that a specific exemption applies.
Pursuant to WV Code § 29B-1-4, the following categories of records may be withheld from disclosure:
- Attorney work products and internal memoranda — Deliberative materials prepared for litigation or policy purposes are exempt.
- Confidential juvenile records — All records involving minors in delinquency or abuse and neglect proceedings are sealed.
- Personal information — Records containing private personal data whose disclosure would constitute an unreasonable invasion of privacy.
- Law enforcement investigatory materials — Records compiled during an active criminal investigation are protected from disclosure.
- Privileged or confidential data — Records protected by legal privilege, such as attorney-client communications.
- Trade secrets and national security information — Commercially sensitive and classified materials are exempt.
- Records restricted by other state or federal law — Including mental hygiene and conservatorship case records.
The Circuit Clerk's Office will not provide any information by phone regarding divorce, mental hygiene, conservatorship, or juvenile cases. If you need these restricted records, you must appear in person at the clerk's office with a valid driver's license, or submit a notarized letter of authorization along with a notarized copy of your identification.
Upshur County Criminal Court Records
Felony criminal cases in Upshur County are handled by the Circuit Court as part of the Eighteenth Judicial Circuit, which also encompasses Lewis County. Two Circuit Court judges preside over the docket: Judge Kurt Hall and Judge Jacob E. Reger, whose Upshur County chambers are located at 40 West Main Street, Buckhannon, WV 26201 (Phone: (304) 472-5556). Misdemeanor offenses and lower-level criminal charges are handled in the Magistrate Court.
Accessing Criminal Court Records
Circuit Court criminal records — including felony indictments, plea entries, sentencing orders, and appeals — are maintained by Circuit Clerk Brian P. Gaudet. Requests for records or certified copies may be submitted in person, by mail, or by fax:
Circuit Clerk's Office
Address: 38 West Main Street, Room 304, Buckhannon, WV 26201
Phone: (304) 472-2370 | Fax: (304) 472-2168
Email: bpgaudet@upshurcounty.org
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.
For online searches of circuit-level criminal cases, use WVPASS. For magistrate-level criminal records, use the Magistrate Court Record Search.
Arrest Records and Sheriff's Office
The Upshur County Sheriff's Office is the county's primary law enforcement agency. Arrest records and incident reports are maintained by the Sheriff's Office and may be requested subject to the FOIA framework.
Sheriff's Office (Law Enforcement Division)
Address: 38 West Main Street, Room 103, Buckhannon, WV 26201
Phone: (304) 472-1180
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.
Investigative records compiled during an active criminal investigation are confidential under West Virginia law and will not be released until the investigation is concluded.
Upshur County Civil Court Records
Civil jurisdiction in Upshur County is divided between the Circuit Court and the Magistrate Court based on the dollar amount of the claim and the nature of the dispute.
Jurisdiction Overview
| Court | Civil Jurisdiction |
|---|---|
| Circuit Court | Claims exceeding $5,000; complex civil litigation |
| Magistrate Court | Civil claims up to $20,000 (small claims/general civil) |
Magistrate Court Civil Matters
The Magistrate Court handles civil claims where the amount in dispute does not exceed $20,000 — a limit raised from $10,000 under recent West Virginia legislative changes. This includes contract disputes, property damage claims, landlord-tenant matters, and similar civil actions. For Magistrate Court civil filings, contact Magistrate Clerk Geneva Peggs:
Address: 38 West Main Street, Room 204, Buckhannon, WV 26201
Phone: (304) 472-2053 | Fax: (304) 472-2061
Magistrates' Direct Fax: (304) 472-2338
Individual magistrates include Magistrate Paul M. Davis (Room 205, (304) 472-2462) and Magistrate Alan M. Suder (Room 203, (304) 472-2259).
Property Records
Real estate documents — including deeds, deeds of trust, liens, leases, and plats — are recorded with the Upshur County Clerk's Office. The Clerk's office provides an online records search tool on its website for reviewing land instrument indexes. Document copies cost $1.50 for the first two pages and $1.00 per page thereafter. Recording fees vary by document type; the Clerk's office provides a recording calculator for estimates. Call (304) 472-1068 for specific recording fee information.
For property value and assessment information, contact the Upshur County Assessor's Office:
Address: 38 West Main Street, Room 102, Buckhannon, WV 26201
Phone: (304) 472-4650 | Fax: (304) 472-1421
Email: DWZickefoose@upshurcounty.org
Upshur County Family Court Records
Upshur County's Family Court operates as part of the Seventeenth Family Court Circuit, which covers both Lewis and Upshur Counties. The Family Court has jurisdiction over divorce, legal separation, annulment, child custody, child support, and domestic violence protective orders. All Family Court records are maintained by Circuit Clerk Brian P. Gaudet at the same location as the Circuit Court clerk's office.
Divorce Records
Divorce and annulment proceedings are initiated in Family Court. Basic case information is generally part of the public record, but certified copies of divorce decrees are typically restricted to the parties directly involved and those with a demonstrated legitimate interest. Due to the sensitivity of these proceedings, the Circuit Clerk's Office will not release any divorce case information by telephone.
To obtain divorce records, you must appear in person at Room 304 of the Courthouse Annex with a valid driver's license, or mail a notarized letter of authorization that includes a notarized copy of your identification to:
Circuit Clerk Brian P. Gaudet
38 West Main Street, Room 304, Buckhannon, WV 26201
Email: bpgaudet@upshurcounty.org
Marriage Records
Marriage licenses in Upshur County are issued by the County Clerk's Office at 40 West Main Street, Room 101, Buckhannon, WV 26201. Both applicants must appear in person and present valid identification. The license fee is $57.00, with a $20.00 discount available to couples who provide proof of premarital counseling, reducing the total to $37.00. The intended wedding date must fall within 60 days of the license being issued.
Marriage records are restricted for 50 years under West Virginia law. Certified copies of marriage certificates cost $5.00 each and are available only to the record subjects, immediate relatives, and those with a legitimate interest. Mail requests must include the couple's names, the marriage date, valid photo identification, and a $5.00 check payable to the Upshur County Clerk, sent to the address above.
Birth and Death Records
Birth and death records for Upshur County are maintained by the County Clerk's Office. Under state law, birth records are restricted for 100 years and death records for 50 years. Certified copies cost $5.00 each at the county level, and the same access restrictions apply as for marriage records. When requesting either type, provide the individual's full name and date of birth or death, valid photo identification, and the $5.00 fee. Requests may be submitted in person, by mail, or by fax to (304) 472-1029.
At the state level, certified birth and death certificates are available through the West Virginia Vital Registration Office for $12.00 per copy, including a non-refundable search fee. Walk-in service is available at 350 Capitol Street, Room 165, Charleston, WV 25301-3701, with same-day processing available. Mail-in requests require a completed certificate request form, a color copy of identification, and a check or money order. Credit and debit cards are accepted at the walk-up counter with a 4% surcharge but are not accepted by mail.
Upshur County Probate Court Records
Probate matters in Upshur County are administered through the Circuit Court, making the Circuit Clerk's Office the primary holder of formal probate case files. Wills and certain estate-related documents — such as letters testamentary — may also be filed with and held by the County Clerk's Office, which handles probate estates as part of its statutory duties.
Types of Probate Records
Typical documents in an Upshur County probate proceeding include:
- Petitions to open an estate (testate or intestate)
- The original last will and testament, if any
- Letters testamentary or letters of administration
- Inventories and appraisements of estate assets
- Creditor claim filings and court rulings on disputes
- Final settlement orders and distribution decrees
- Guardianship and conservatorship petitions and orders
How to Access Probate Records
Probate case filings with the Circuit Court are searchable through WVPASS for publicly available documents. For certified copies or to inspect physical files, contact the Circuit Clerk's Office at (304) 472-2370 or visit in person at Room 304, 38 West Main Street. Conservatorship case information will not be provided over the phone — in-person visits with identification are required for those records.
For wills and estate documents held by the County Clerk, contact:
Upshur County Clerk's Office
40 West Main Street, Room 101, Buckhannon, WV 26201
Phone: (304) 472-1068 | Fax: (304) 472-1029
Email: cjsmith@upshurcounty.org
Hours: Monday–Friday, 8:00 a.m.–4:00 p.m.
Document copies from the County Clerk cost $1.50 for the first two pages and $1.00 per page thereafter. Probate estates are a listed service of the County Clerk's Office, and staff can help researchers locate filed estate documents within their holdings.