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Although the law varies from state to state, most documents filed with a court—as well as settlement agreements and discovery documents that are not filed with the court in which the lawsuit is pending—are court records, and are presumed open to the public.

In West Virginia, the principle of open court records aligns with the broader trend across the United States, where most documents filed with a court are accessible to the public. This includes pleadings, motions, and other materials that are part of the court docket. Settlement agreements and discovery documents that are not filed with the court may have different levels of public access. While settlement agreements may become part of the court record if they are submitted to the court for approval, discovery materials exchanged between parties are typically not accessible to the public unless they are filed with the court as part of a motion or other proceeding. However, there are exceptions to this openness, such as in cases involving juvenile records, adoption, mental health proceedings, and other sensitive matters where privacy is protected by law. West Virginia's Rules of Civil Procedure and local court rules provide specific guidance on the accessibility of court records and the process for sealing documents or proceedings when necessary to protect privacy or other interests.

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Courts

court records

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Courts

court records

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