62 sections in this chapter.
W. Va. Code § 57-1-1 Copies of legislative journals, acts and resolutions
0.3K chars
Copies of the journal of either house of the Legislature, and copies of the acts and resolutions of the Legislature, which have been or shall hereafter be published by authority thereof, shall be received as evidence for any purpose for which the original journal, acts or resolut…
W. Va. Code § 57-1-10 Certificate of clerk of county court as to certain tax records
0.8K chars
The certificate of the clerk of any county court of the entry or nonentry of any tract of land for taxation on the land books of any county wherein the land ought to have been charged or of the delinquency of any such land for the nonpayment of taxes charged thereon, and the amou…
W. Va. Code § 57-1-11 Withdrawal of original paper filed in cause; retention of copy
0.3K chars
The court in the clerk's office whereof there is an original paper filed in a cause (although decided) may, for good cause, order it to be delivered to any person, retaining in its stead a certified copy thereof, and make any order to prevent the improper use of the original.
W. Va. Code § 57-1-12 Authentication of records and proceedings of courts of United States or other states; full faith and credit
0.8K chars
The records and judicial proceedings of any court of the United States, or of any state or territory, or of any country subject to the jurisdiction of the United States, shall be proved or admitted in any court in this state, by the attestation of the clerk, and the seal of the c…
W. Va. Code § 57-1-13 Authentication of public records not pertaining to courts; full faith and credit
2.0K chars
All records and exemplifications of books, which may be kept in any public office of the United States, or of any state, or territory, or of any country subject to the jurisdiction of the United States, not appertaining to a court, shall be proved or admitted in any court or offi…
W. Va. Code § 57-1-14 Authentication of foreign deeds, powers of attorney, policies of insurance, etc
0.9K chars
Every deed or power of attorney executed out of this state, the acknowledgment or proof of which is certified so that it might be admitted to record under article one, chapter thirty- nine of this code, and every policy of insurance, charter party, copy from a record in any forei…
W. Va. Code § 57-1-2 Local or private acts and resolutions of Legislature; judicial notice thereof
0.2K chars
Local or private acts and resolutions of the Legislature may be given in evidence without being especially pleaded; and an appellate court shall take judicial notice of such as appear to have been relied on in the court below.
W. Va. Code § 57-1-3 Copies of Virginia laws
0.4K chars
The printed copies of the acts and resolutions of the general assembly of Virginia and of the statutes and codes of that state, with the supplements to and continuations of the same, and the ordinances of the convention which assembled at Wheeling on June 11, eighteen hundred and…
W. Va. Code § 57-1-4 Judicial notice of foreign laws
0.4K chars
Whenever in any case it becomes material to ascertain what the law, statutory or other, of another state or country, or of the United States, is, or was at any time, the court, judge, or magistrate shall take judicial notice thereof, and may consult any printed book or other docu…
W. Va. Code § 57-1-5 Notice by courts and officers of signatures of judges or Governor
0.2K chars
All courts and officers shall take notice of the signature of any of the judges, or of the Governor, of this state, to any judicial or official documents.
W. Va. Code § 57-1-6 Copies of certain deeds
0.7K chars
Copies of deeds, acknowledged or proved and certified according to the act of the general assembly of Virginia, of the thirteenth of December, seventeen hundred and ninety-two, and placed upon record after the expiration of two years, the period prescribed by the act of the twent…
W. Va. Code § 57-1-7 Copies of records, bonds or papers in public offices; certificate of Auditor
1.6K chars
A copy of any record, bond or paper in the office of the clerk of either house of the Legislature or of any court, or in the office of the Secretary of State, treasurer or Auditor, or in the office of the surveyor of lands of any county, or in the office of any other public offic…
W. Va. Code § 57-1-7A Use of photographic copies in evidence; state records, papers or documents; destruction or transfer to archives of originals; destruction of canceled checks and paid and canceled bonds and coupons
5.3K chars
(a) Any public officer of the state may, with the approval of the state records administrator, cause any or all records, papers or documents kept by him to be reproduced, by any photographic, photostatic, microphotographic or by similar miniature photographic process or by nonera…
W. Va. Code § 57-1-7B Use of photographic copies in evidence -- Business and public records; destruction of originals
1.5K chars
If any business, institution, member of a profession or calling, or any officer of a local governmental agency, including county officers, county boards of education and municipalities, in the regular course of business or activity has kept or recorded any memorandum, writing, en…
W. Va. Code § 57-1-7C Use of microfilm or microcards to reproduce and preserve records; destruction or transfer of originals to archivist
2.8K chars
The clerk of any court of record of the state may, with the approval of the court for which he or she is clerk, cause any or all records, papers, plats, or other documents kept by him or her to be reproduced on photographic microfilm or microcards and may, with the approval of th…
W. Va. Code § 57-1-7D Records provided on computer or optical disc
0.6K chars
Notwithstanding any other provision of this code to the contrary, where any provision of this code requires that a copy of any record of any branch of the government of this state be provided or delivered, the custodian of said record is authorized to comply with the requirement …
W. Va. Code § 57-1-8 Copy of writing filed in one suit may be filed in another suit on same writing
0.2K chars
Such a copy of any writing filed in a suit may be filed in another suit on the same writing, and the defendant shall plead thereto as if the original were filed.
W. Va. Code § 57-1-9 Application of §§57-1-7 and 57-1-8 to records or papers in public offices in Virginia
1.0K chars
The provisions in the two preceding sections contained shall apply to a copy of any record or paper in the clerk's office of any court in the state of Virginia, or in the office of the secretary of the commonwealth, treasurer, register of the land office, or either Auditor, or an…
W. Va. Code § 57-2-1 Handwriting analysis
0.6K chars
In any civil or criminal action or proceeding, any writing proved to the satisfaction of the judge of a court of record in an in-camera hearing to be in the handwriting of the person who is alleged to have written it, whether or not made in the ordinary course of business, may, i…
W. Va. Code § 57-2-2 When attesting witness need not be called
0.2K chars
It shall not be necessary to prove by the attesting witness any instrument to the validity of which attestation is not requisite; and such instrument may be proved by admission, or otherwise, as if there had been no attesting witness thereto.
W. Va. Code § 57-2-3 Statement by accused upon legal examination
0.2K chars
In a criminal prosecution other than for perjury or false swearing, evidence shall not be given against the accused of any statement made by him as a witness upon a legal examination.
W. Va. Code § 57-2-4 Justification and mitigation of damages in action for defamation
0.6K chars
In any action for defamation, the defendant may justify by alleging and proving that the words spoken or written were true, and after notice in writing of his intention to do so (given to the plaintiff at the time of, or for, pleading to such action) may give in evidence in mitig…
W. Va. Code § 57-3-1 Party or interested person competent as witness; exception as to transaction or communication with deceased or insane person; right of person sued to give evidence in action for death by wrongful act
1.5K chars
No person offered as a witness in any civil action, suit or proceeding shall be excluded by reason of his interest in the event of the action, suit or proceeding, or because he is a party thereto, except as follows: No party to any action, suit or proceeding, nor any person inter…
W. Va. Code § 57-3-10 Reporters' Privilege
1.5K chars
(a) "Reporter" means a person who regularly gathers, prepares, collects, photographs, records, writes, edits, reports, or publishes news or information that concerns matters of public interest for dissemination to the public for a substantial portion of the person's livelihood, o…
W. Va. Code § 57-3-11 Privileged peer support communications
1.9K chars
(a) A peer support team member, as defined in §21-18-1 of this code may not be compelled to testify concerning the following: (1) A communication received from an individual who receives peer support services from the peer support team member; or (2) The peer support team member'…
W. Va. Code § 57-3-2 Competency of husband and wife to testify
0.1K chars
Husband and wife shall be competent witnesses to testify for or against each other in all cases, civil and criminal, except as otherwise provided.
W. Va. Code § 57-3-3 Testimony of husband and wife in criminal cases
0.8K chars
In criminal cases husband and wife shall be allowed, and, subject to the rules of evidence governing other witnesses, may be compelled to testify in behalf of each other, but neither shall be compelled, nor, without the consent of the other, allowed to be called as a witness agai…
W. Va. Code § 57-3-4 Confidential communications between husband and wife
0.3K chars
Neither husband nor wife shall, without the consent of the other, be examined in any case as to any confidential communication made by one to the other while married, nor shall either be permitted, without such consent, to reveal in testimony after the marriage relation ceases an…
W. Va. Code § 57-3-5 Competency of convicts as witnesses
0.2K chars
Conviction of felony or perjury shall not render the convict incompetent to testify, but the fact of conviction may be shown in evidence to affect his credibility.
W. Va. Code § 57-3-6 Competency of accused as witness
0.6K chars
In any trial or examination in or before any court or officer for a felony or misdemeanor, the accused shall, with his consent (but not otherwise) be a competent witness on such trial or examination; and if he so voluntarily becomes a witness he shall, as to all matters relevant …
W. Va. Code § 57-3-7 No person incompetent as witness by reason of race or color
0.1K chars
No person shall be incompetent as a witness on account of race or color.
W. Va. Code § 57-3-8 Competency of chiropractors as witnesses
0.2K chars
Practitioners of chiropractic shall be permitted to qualify as competent witnesses, insofar as chiropractic testimony or chiropractic facts may be concerned in any civil action in any court in this state.
W. Va. Code § 57-3-9 Communications to priests, nuns, clergy, rabbis, Christian Science practitioners or other religious counselors not subject to being compelled as testimony
1.1K chars
No priest, nun, rabbi, duly accredited Christian Science practitioner or member of the clergy authorized to celebrate the rites of marriage in this state pursuant to the provisions of article two, chapter forty-eight of this code shall be compelled to testify in any criminal or g…
W. Va. Code § 57-4-1 Taking and certification of depositions -- Generally
2.2K chars
In any pending case the deposition of a witness, whether a party to the suit or not, may, without commission, be taken in or out of this state by a justice, or notary public, or by a commissioner in chancery, or before any officer authorized to take depositions in the county or s…
W. Va. Code § 57-4-2 Taking and certification of depositions -- Out-of state and in foreign countries
1.3K chars
On affidavit that a witness resides out of this state, or is out of it in the service thereof, or of the United States, or is out of this state and for justifiable reasons will probably be out of this state until after the trial of the case in which his or her testimony is needed…
W. Va. Code § 57-4-3 Notice of taking of depositions; when deposition may be read in equity
0.3K chars
Reasonable notice shall be given to the adverse party of the time and place of taking every deposition. And in a suit in equity a deposition may be read if returned before the hearing of the cause, although after an interlocutory decree, if it be as to a matter not thereby adjudg…
W. Va. Code § 57-4-4 Circumstances under which deposition may be read in case at law; attendance of deponent out of county may be required
0.8K chars
A deposition in a case at law, taken on such notice under the three preceding sections, may be read in such case, if when it is offered, the deponent be dead, or out of this state, or one of its judges, or in any public office or service the duties of which prevent his attending …
W. Va. Code § 57-4-5 When deposition may be read by adverse party
0.1K chars
When a deposition has been filed, if not read on the trial by the party taking it, it may be read by the other party.
W. Va. Code § 57-4-6 Taking deposition after judgment, decree or order; reading thereof in future trial
0.5K chars
In any case wherein there has been a judgment, decree or order from or to which an appeal, writ of error or supersedeas has been or might be allowed, a deposition may be taken for any party to such case, or for or against his or her husband or wife, personal representatives, heir…
W. Va. Code § 57-4-7 How testimony perpetuated
1.2K chars
A person desirous of perpetuating the testimony of witnesses as to a a matter, whether a suit be pending in relation thereto or not, may file with a commissioner in chancery of a court wherein, if there were a bill to perpetuate the testimony, such bill might be filed, a petition…
W. Va. Code § 57-5-1 Summons for witnesses
1.2K chars
A summons may be issued, directed as described in section five, article three, chapter fifty-six of this code, commanding the officer to summon any person to attend on the day and at the place that such attendance is desired, to give evidence before a court, grand jury, arbitrato…
W. Va. Code § 57-5-10 Affidavit of nonresidence; affidavit of publication in newspaper
0.4K chars
In any suit an affidavit that the witness or party resides out of this state, or is out of it, shall be prima facie evidence of the fact although such affidavit be made without previous notice. Where anything is required by any statute to be published in a newspaper, the certific…
W. Va. Code § 57-5-11 Disposal of exhibits or articles offered in evidence; disposal of property in hands of law-enforcement officials
1.4K chars
Any circuit court in this state, or the judge thereof in vacation, may in its discretion by order entered of record dispose of by return to the owner thereof, or by destruction, sale, or otherwise, any exhibit or article introduced or offered in evidence at the hearing, or upon t…
W. Va. Code § 57-5-12 Certain documents deemed duplicates
1.1K chars
A reproduction of a document acquired from the employment of a system of microphotography, optical discs or computerized techniques which system does not permit additions, deletions or changes to the record of the original document contained within the system shall be deemed to b…
W. Va. Code § 57-5-2 When witness may be compelled to give evidence against himself immunity of witness from prosecution
1.0K chars
In any criminal proceeding no person shall be excused from testifying or from producing documentary or other evidence upon the ground that such testimony or evidence may criminate or tend to criminate him if the court in which he is examined is of the opinion that the ends of jus…
W. Va. Code § 57-5-3 Production of writings -- By party
1.3K chars
In any case at law, upon a party making affidavit that a particular book of accounts, or other writing or paper is important for him to have in the trial of his cause, he may procure from the clerk of the court in which the action is pending a subpoena duces tecum requiring any p…
W. Va. Code § 57-5-4 Production of writings -- By person other than party
0.5K chars
When it appears by affidavit or otherwise that a writing or document in the possession of any person not a party to the matter in controversy is material and proper to be produced before the court, or any person appointed by it or acting under its process or authority, or any suc…
W. Va. Code § 57-5-4A Hospital records; definitions
1.0K chars
As used in sections four-a to four-j in this article the following terms shall have the respective meanings ascribed thereto: (a) "Records" means and includes without restriction, those medical histories, records, reports, summaries, diagnoses, and prognoses, records of treatment…
W. Va. Code § 57-5-4B Hospital records; furnishing copies in compliance with subpoenas
1.0K chars
Except as hereinafter provided, when a subpoena duces tecum is served upon a custodian of records of any hospital duly licensed under the laws of this state in an action or proceeding in which the hospital is neither a party nor the place where any cause of action is alleged to h…
W. Va. Code § 57-5-4C Hospital records; sealing, identification and direction of copies
0.7K chars
The copy of the records shall be separately enclosed in an inner-envelope or wrapper, sealed, with the style and number of the action, name of witness and date of subpoena clearly inscribed thereon. The sealed envelope or wrapper shall then be enclosed in an outer-envelope or wra…