W.Va. R. Civ. P. 5.2

As amended through January 31, 2024
Rule 5.2 - [Effective 1/1/2025] Privacy protection for filings made with the court
(a) Confidential filings. Whenever a party files a pleading or other document that is confidential in part or in its entirety, the party shall identify, by cover letter or otherwise, in a conspicuous manner, the portion of the filing that is confidential. Any party or other person with standing may file a motion to unseal the case record or portion of a case record, setting forth good cause why the case record should no longer be confidential. An opposing party may respond to the motion within ten days from the date of filing of the motion. Upon its consideration, a court may, in its discretion, issue an order unsealing all or part of the case record, or issue an order denying the motion. Any party or other person with standing may file a motion to seal the case record or portion of a case record. The motion shall state the legal authority for confidentiality. Upon filing of the motion to seal, the case record or portion of the case record that is the subject of the motion shall be kept confidential pending a ruling on the motion. An opposing party may file a response to a motion to seal within ten days of the date of filing of the motion. Upon its consideration, the court may, in its discretion, issue an order sealing all or part of the case record, or issue an order denying the motion,
(b)Personal identifiers restricted. In order to protect the identities of juveniles and in order to avoid the unnecessary distribution of personal identifiers, any document filed with a trial court shall comply with the following standards,
(1) Initials or a descriptive term shall be used instead of a full name in: cases involving juveniles, even if those children have since become adults; cases involving crimes of a sexual nature that require reference to the victim of such crime: abuse and neglect cases; mental hygiene cases; and cases relating to expungements.
(2) Personal identifiers such as birth date and address may be used only when absolutely necessary to the disposition of the case.
(3) Social Security numbers may not be used. The last four digits should be utilized only.
(4) Sensitive financial information may be used only when necessary to the disposition of the case. The last four digits of financial account information should be utilized only.
(c)Exemptions from the redaction requirement. The redaction requirement does not apply to the following:
(1) the record of an administrative or agency proceeding;
(2) the official record of a court proceeding; or
(3) the record of a court or tribunal, if that record was not subject to the redaction requirement when originally filed
(d) Filings made under seal for good cause shown. The court may, for good cause shown, order that a filing be made under seal without redaction. The court may later for good cause shown, unseal the filing or order the person who made the filing to file a redacted version for the public record.
(e)Protective orders. For good cause, the court may:
(1) order redaction of additional information:
(2) limit or prohibit a non-party's access to a document filed with the court: or
(3) enter a Medical Protective Order governing production of medical records and bills in a civil action. A proposed Medical Protective Order is set forth at Form 23.
(4) enter a general Protective Order governing production of confidential materials in a civil action. A proposed Protective Order (Confidentiality) is set forth at Form 24.
(f)Option for additional unredacted filing under seal, A person making a redacted filing may also file an unredacted copy under seal. The court shall retain the unredacted copy as part of the record.
(g)Option for filing a reference list. A filing that contains redacted information may be filed with a reference list that identifies each item of redacted information and specifies an appropriate identifier that uniquely corresponds to each item listed. The list shall be filed under seal and may be amended as of right. Any reference in the case to a listed identifier will be construed to refer to the corresponding item of information,
(h)Waiver of protection of identifiers, A person waives the protection of this Rule as to the person's own information by filing it without redaction and not under seal.

W.va. R. Civ. P. 5.2

Amended effective 1/1/2025.