(a) Records filed with the circuit clerk. – All case files, and evidence, shall be filed with and stored by the circuit clerk. (b) Recordings of proceedings. – Proceedings in family court shall be recorded electronically on tapes or other electronic recording media. Electronic records shall be indexed by the secretary-clerk of the family court, and shall be securely stored by the family court unless stored by the circuit clerk pursuant to the request of a family court judge. A party may obtain a copy of a recording of the proceedings in the party’s case by filing with the circuit clerk a written request identifying the style of the action and the date of the hearing, and paying the required cost. The family court shall provide the copy within ten days. The family court may refuse to provide a copy of any part of a recording which includes the testimony of a child. No person except a circuit clerk, a family court judge, a circuit judge, or a member of their staffs shall have access to an original recording. (c) Transcripts. – A party may have a transcript of a hearing prepared by an independent court reporter or transcription service. The family court may refuse to permit the transcription of any testimony by a child. The costs of such transcriptions shall be paid by the party for whom the transcript is prepared. The transcriber shall verify the transcript as a true and accurate record, and shall state whether the transcript includes all or part of the proceeding. The party for whom the transcript is prepared shall give notice of the transcript’s preparation to all other parties, and may file a copy of the transcript with the circuit clerk. When the parties are unable to agree as to the accuracy of a transcript, the court may resolve the matter. (d) Fees and costs. – All fees and costs shall be paid to and collected by the circuit clerk. (e) Taxation of costs, fees, and attorney fees. – Costs and fees, including attorney fees, may be taxed against a party who is financially able to pay. (f) Forms. – All forms approved or required by the supreme court of appeals shall be available in every circuit clerk’s office. The circuit clerk may charge a duplication fee for such forms, which fee shall not exceed ten cents ($.10) per page or ten dollars ($10.00) total. Circuit clerks, and their staffs, and the staffs of family courts shall not be required or permitted to provide legal advice regarding such forms, or any other matter. (g) Local rules. – Rule 1.03. of the Trial Court Rules shall apply to Family Court and govern the procedure for enacting local rules and procedures.
W. Va. R. Prac. & P. Fam. Ct. 5
Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005; and by order adoptedMay 22, 2007, effective July 1, 2007.
