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WV Code § 39-3-3 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-3. Recordation of Certified Copies at Instance of County Court When Record Lost or Destroyed

Where any records have been or shall be lost or destroyed, by fire or otherwise, and the contents thereof shall have been recorded in the clerk's office of any court of any county in this state, or in the Auditor's office, or in any other proper office in this state, the county court of the county wherein such records are so lost or destroyed may cause duly certified copies of the same to be procured from the Auditor's office, such clerk's office or other proper office of any county; and it shall be the duty of the Auditor or the clerk of any court of this state, or other custodian of records, to permit such copies to be made, and, when correctly copied and certified to be true copies of such record, the same shall be recorded in the proper clerk's office of the county wherein such records are lost or destroyed, in well-bound books provided for that purpose, whereupon the record thereof shall have the same force and effect as evidence for all purposes as the original records have, or would have had, and copies may be taken and certified by the clerk in whose office such copied records may be, which copies, when so made and certified by such clerk, shall be received as prima facie evidence for all purposes, and with like effect as copies from original records. And the county court of any county desiring to procure copies of any such records in other counties or offices shall make provision for the payment of such fees therefor as may be allowed by law or agreed upon.
WV Code § 39-3-4 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-4. Loss of Court Records; Reentries

Where any book containing judgments, decrees, orders or proceedings of a court, or proceedings at rules, is lost, and there can be again entered correctly, by means of any writing, any matters which were in such book, the court may cause its clerk to have such matters reentered, and such entries shall have the same effect as the original entries.
WV Code § 39-3-5 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-5. Loss of Original Papers in Any Cause or Appellate Court Record; Effect of Papers Supplied

If, in any cause, the original papers therein, or any of them, or the record for or in an appellate court, or any paper filed or connected with such record, be lost, the court wherein the case is, or in which, but for such loss, it would or ought to be, may docket the same, and, on affidavit of such loss, the cause may be proceeded in, heard and determined, upon an authenticated copy of what is lost, or proof of the contents thereof; or if the cause be in an appellate court, upon a new record made up from the records and papers of the court below, and certified by the proper officer; or, in case the record and papers, or any part thereof, be lost or destroyed, the court below may, upon application of either party, upon reasonable notice to the opposite party, supply such record or part thereof, from the best evidence before it, either documentary or parol, which may be used in the court of appeals for the same purposes that the original might be. The court may, however, at the instance of either party, or in its discretion, require new pleadings to be made up in whole or in part; and the plaintiff, instead of proceeding as hereinbefore provided for, may commence and prosecute a new suit for the same matter; and such new suit may, if the former suit was in due time, be brought within one year after such loss, notwithstanding the expiration of the time within which suit must otherwise have been brought. If a cause has been decided and the original papers therein have been lost, the court by which the cause was decided, on affidavit of such loss, by some person interested therein and who was a party in such suit, may redocket such cause, and upon motion of such affiant, and after reasonable notice to all parties interested in such cause, shall supply such lost papers or parts thereof by authenticated copies of the same or proof of the contents thereof, and the papers thus supplied shall have the same effect as the papers for which they are substituted would have had.
WV Code § 39-3-6 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-6. When Books or Papers Deemed Lost

Where any book or paper is obliterated, defaced or injured so as to be in whole or in part illegible, or is destroyed, or carried away and concealed, or is in the possession or control of armed rebels or a public enemy, it shall be deemed lost for the purposes of this article.
WV Code § 39-3-7 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-7. Procedure to Prove Contents of Lost Papers or Records -- Generally

Any person desirous of proving the contents of any paper filed in a clerk's office or anything which was of record in any book therein may, if such paper or book be lost within the meaning of this article, present to the circuit court of the county wherein such paper or book was filed or kept, a petition specifying with reasonable certainty the nature of the paper or record, the contents of which he desires to prove, and what persons may be affected by such proof. Reasonable notice of the time and place of proceeding on such petition shall be given to the parties interested. Such notice may be served as prescribed in sections one and two, article two, chapter fifty-six of this code. If any person who may be affected by the proof be an infant or insane person, a guardian ad litem shall be appointed to attend to the case on his or her behalf. Whereupon such court shall make an order referring such petition to one of the commissioners of the court, who shall take proof of the contents of such record or paper, and make report of same, with the evidence taken by him to the court. Such report shall be filed in the office of the clerk of such court at least ten days before it shall be acted upon by the court, when the court may confirm or recommit the same or make any order in relation thereto which may be necessary and proper. If such report be confirmed by the court, it shall be recorded in the book where the original paper was or should have been recorded; or if it was a paper on file in the office, shall be filed away where such paper was or should have been filed; and such report, when finally confirmed and recorded or filed, shall in all cases be prima facie evidence of what is stated therein, and, after ten years from the confirmation of such report, shall be conclusive evidence of what is stated therein.
WV Code § 39-3-8 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-8. Procedure to Prove Contents of Lost Papers or Records -- Right to Rehearing

Such court may, however, without notice or the appointment of a guardian ad litem, proceed on such petition in accordance with the preceding section and with like effect: Provided, That any person whose interest may be affected by the proceedings under this section, or who in any case shall have been proceeded against by publication, or the personal representative of any such, shall have the same rights, as to a rehearing, that may be allowed by law to nonresident defendants in actions at law or suits in equity.
WV Code § 39-3-9 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-9. Taking Testimony as to Lost Records -- Action by County Clerk

Whenever the book or books in which are required to be recorded deeds, wills or other papers relating to the title or boundaries of lands, have been, or may hereafter be, burned, lost or destroyed, it shall be lawful for the clerk of the county court of the county in which such burning, loss or other destruction took place to take such testimony in relation to such title papers as is hereinafter provided.
WV Code § 39-3-10 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-10. Taking Testimony as to Lost Records -- Record

He shall provide a well-bound book at the expense of the county in which to record such testimony as he may take for the purpose aforesaid. Such testimony shall be taken at his office, between the hours of nine o'clock a.m., and five o'clock p.m., and the taking thereof shall be commenced not later than one year and concluded not later than five years after such burning, loss or destruction.
WV Code § 39-3-11 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-11. Taking Testimony as to Lost Records -- Publication of Notice

Such clerk shall give notice, as hereinafter provided, of the time and place of the commencement of taking such testimony. A copy of which notice, together with the affidavit of publication, shall be recorded in the book aforesaid. Such notice shall be published as a Class II legal advertisement in compliance with the provisions of article three, chapter fifty- nine of this code, and the publication area for such publication shall be the county. The costs of publishing such notice shall be paid by the county.
WV Code § 39-3-12 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-12. Taking Testimony as to Lost Records -- Subjects of Inquiry

On the day fixed by such notice, such clerk shall take and record in such book the testimony of any credible person, who may appear before him touching the existence or execution of any deed, will, or other title paper which was recorded in any book burned, lost or destroyed, as aforesaid. The witness shall describe the paper as nearly as may be; and if a deed be the subject of inquiry, the names of the grantor and grantee, the date thereof, and the number of acres called for shall be stated as nearly as the witness can recollect. The witness shall further state as accurately as he is able the locality of the land conveyed; the name of the tract, if it had any; whether it is improved or unimproved, and if improved, who made the improvements; who lived upon the same, and how long; what the calls were with regard to corners, boundaries, or adjacent lands; and anything else which the clerk may deem material to describe the title to the land, or to locate the same. If a will or other title paper than a deed be the subject of inquiry, the witness shall describe the same with the same particularity as in the case of a deed.
WV Code § 39-3-13 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-13. Taking Testimony as to Lost Records -- Powers of Clerk; Death, etc., of Clerk

For the purpose of taking such testimony, such clerk shall have authority to summon witnesses and enforce their attendance when desired by any person interested, in like manner as witnesses are compelled to appear before commissioners in chancery; to compel the production before him of any document, paper or book that he may deem pertinent for the purpose of any particular inquiry; and to administer oaths to such witnesses as may be brought before him Any person who shall wilfully swear falsely before such clerk to any material fact shall be guilty of perjury, and, upon conviction thereof, shall be punished as in other cases of perjury. When the testimony in any case shall have been partly taken by a clerk, and he shall die or his place be otherwise vacated before such testimony is completed, the successor of such clerk may complete the taking of the same with like effect as if it had been completed by the clerk who began to take the same.
WV Code § 39-3-14 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-14. Taking Testimony as to Lost Records -- Fees Payable to Clerk and Witnesses

The person at whose instance such testimony is taken shall pay to such clerk for his services in such behalf the same fees as are allowed to commissioners in chancery, and to witnesses the same compensation as is allowed to witnesses in other cases. All such fees due the clerk shall be collected by him and paid into the county treasury, and may be collected in the same manner and by the same remedies as costs in a common-law action.
WV Code § 39-3-15 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-15. Taking Testimony as to Lost Records -- Adjournments; Completion and Preservation of Testimony

Such clerk may adjourn the taking of such testimony from day to day or from time to time, not exceeding thirty days at any one adjournment, until he shall have completed and closed his duties under the provisions of this article, but not continuing the taking thereof beyond the period prescribed in section ten of this article; after which he shall preserve the book or books containing his proceedings among the records of his office. Such clerk shall give certified copies of such depositions, whenever requested by any person to do so, and he shall receive the same compensation therefor as for other certified copies.
WV Code § 39-3-16 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 3. Reconstruction of Lost Records and Papers|§39-3-16. Taking Testimony as to Lost Records -- Admissibility of Depositions or Copies

The depositions taken as aforesaid shall be admissible in all suits or controversies in relation to the title or boundaries of lands in such county, whenever such depositions are relevant and no higher or better evidence can be had; and copies of such depositions, when duly certified by the clerk of the county court of such county, shall be admissible in any court the same as the original.
WV Code § 39-4-1 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-1. Short Title

This article may be cited as the Revised Uniform Law on Notarial Acts.
WV Code § 39-4-3 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-3. Applicability; Operative Date of Enactment; Effect on Existing Law

(a) This article applies to a notarial act performed on or after July 1, 2014.(b) The repeal of chapter twenty-nine-c of this code and the repeal of articles four, chapter twenty-nine and one-a, chapter thirty-nine of this code and the amendment and reenactment of section two, article one, chapter fifty-nine of this code, pursuant to the provisions of Enrolled House Bill No. 4012, as enacted by the Legislature during the regular session, 2014, are operative on June 30, 2014. The prior enactments of chapter twenty-nine-c; articles four, chapter twenty-nine and one-a, chapter thirty-nine; and section two, article one, chapter fifty-nine of this code, whether amended and reenacted or repealed by the passage of Enrolled House Bill No. 4012, have full force and effect until the provisions of Enrolled House Bill No. 4012, are operative on June 30, 2014, unless after the effective date of Enrolled House Bill No. 4012, and prior to the operative date of June 30, 2014, the provisions of Enrolled House Bill No. 4012, are otherwise repealed or amended and reenacted.
WV Code § 39-4-4 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-4. Authority to Perform Notarial Act

(a) A notarial officer may perform a notarial act authorized by this article or by law of this state other than this article.(b) A notarial officer may not perform a notarial act with respect to a record to which the officer or the officer's spouse is a party, or in which either of them has a direct beneficial interest, financial or otherwise. A notarial act performed in violation of this subsection is voidable.
WV Code § 39-4-5 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-5. Requirements for Certain Notarial Acts

(a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the acknowledgment has the identity claimed and that the signature on the record is the signature of the individual.(b) A notarial officer who takes a verification of a statement on oath or affirmation shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and making the verification has the identity claimed and that the signature on the statement verified is the signature of the individual.(c) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual, that the individual appearing before the officer and signing the record has the identity claimed.(d) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true and accurate transcription or reproduction of the record or item.(e) A notarial officer who makes or notes a protest of a negotiable instrument shall determine the matters set forth in subsection (b), section five hundred five, article three, chapter forty-six of this code.
WV Code § 39-4-6 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-6. Personal Appearance Required

(a) If a notarial act relates to a statement made in or a signature executed on a record, the individual making the statement or executing the signature shall appear personally before the notarial officer, unless the individual making the statement or executing the signature appears personally by communication technology, as provided in 39-4-37 or 39-4-38 of this code.(b) The Secretary of State shall propose rules for legislative approval in accordance with the provisions of 29A-3-1 et seq. of this code establishing specific requirements for the performance of a notarial act on behalf of an individual appearing before a notary public by means of communication technology.
WV Code § 39-4-6a (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-6a. Remote Acknowledgements and Notarizations Under Covid-19 Executive Order Deemed Valid

Acknowledgements and notarizations performed by means of remote communication technology, pursuant to section 6 of the Governors Executive Order 11-20 effective March 25, 2020, by which the Governor suspended the provisions of 39-4-6 of the code applicable to court reporters and other notaries, are deemed to be valid and cured of any defect from failure to comply with 39-4-6 of this code if the acknowledgements and notarizations were performed in accordance with the emergency rules promulgated by the West Virginia Secretary of State, which are found at the Code of State Rules 153-45 et. seq.
WV Code § 39-4-7 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-7. Identification of Individual

(a) A notarial officer has personal knowledge of the identity of an individual appearing before the officer if the individual is personally known to the officer through dealings sufficient to provide reasonable certainty that the individual has the identity claimed.(b) A notarial officer has satisfactory evidence of the identity of an individual appearing before the officer if the officer can identify the individual:(1) By means of:(A) A passport, driver's license or government issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act; or(B) Another form of government identification issued to an individual, which is current or expired not more than three years before performance of the notarial act, contains the signature or a photograph of the individual and is satisfactory to the officer; or(2) By a verification on oath or affirmation of a credible witness personally appearing before the officer and known to the officer or whom the officer can identify on the basis of a passport, driver's license or government issued nondriver identification card, which is current or expired not more than three years before performance of the notarial act.(c) A notarial officer may require an individual to provide additional information or identification credentials necessary to assure the officer of the identity of the individual.
WV Code § 39-4-8 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-8. Authority to Refuse to Perform Notarial Act

(a) A notarial officer may refuse to perform a notarial act if the officer is not satisfied that:(1) The individual executing the record is competent or has the capacity to execute the record; or(2) The individual's signature is knowingly and voluntarily made.(b) A notarial officer may refuse to perform a notarial act unless refusal is prohibited by law other than this article.
WV Code § 39-4-9 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-9. Signature if Individual Is Unable to Sign

If an individual is physically unable to sign a record, the individual may direct an individual other than the notarial officer to sign the individual's name on the record. The notarial officer shall insert "Signature affixed by (name of other individual) at the direction of (name of individual)" or words of similar import.
WV Code § 39-4-10 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-10. Notarial Act in This State

(a) A notarial act may be performed in this state by:(1) A notary public of this state;(2) A judge, clerk or deputy clerk of a court of this state; or(3) Any other individual authorized to perform the specific act by the law of this state.(b) The signature and title of an individual performing a notarial act in this state are prima facie evidence that the signature is genuine and that the individual holds the designated title.(c) The signature and title of a notarial officer described in subdivision (1) or (2), subsection (a) of this section, conclusively establish the authority of the officer to perform the notarial act.
WV Code § 39-4-11 (2021)
2021 West Virginia Code|Chapter 39. Records and Papers|Article 4. Revised Uniform Law on Notarial Acts|§39-4-11. Notarial Act in Another State

(a) A notarial act performed in another state has the same effect under the law of this state as if performed by a notarial officer of this state, if the act performed in that state is performed by:(1) A notary public of that state; (2) A judge, clerk or deputy clerk of a court of that state; or(3) Any other individual authorized by the law of that state to perform the notarial act.(b) The signature and title of an individual performing a notarial act in another state are prima facie evidence that the signature is genuine and that the individual holds the designated title.(c) The signature and title of a notarial officer described in subdivision (1) or (2), subsection (a) of this section, conclusively establish the authority of the officer to perform the notarial act.