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WV Code § 57-4-7 (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 4. Depositions and Perpetuation of Testimony|§57-4-7. How Testimony Perpetuated

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 stating such matter, and what persons may be affected by the testimony. Whereupon the commissioner shall appoint for proceeding on the petition a time and place, whereof reasonable notice shall be given to the persons who may be so affected. If any of them be an infant or insane person, the commissioner shall appoint a guardian ad litem who shall attend on his behalf and who shall be a practicing attorney in this state. At such time and place the commissioner shall take in writing the evidence of any witness adduced in respect to said matter by the petitioner or by the person so affected. He may adjourn from time to time, and shall return a report of his proceedings, with the testimony taken by him to the clerk's office of the court by which he was appointed, and such testimony shall have the same effect as if it had been taken on a bill to perpetuate testimony. Such court may make such order as to the costs as may seem to it right.
WV Code § 57-5-1 (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-1. Summons for Witnesses

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, arbitrators, umpire, justice, surveyor, notary public, or any commissioner appointed by a court. The summons may be issued, if the attendance be desired at a court, by the clerk thereof; if before a grand jury, by the prosecuting attorney or the clerk of the court, at the instance of the prosecuting attorney; and in other cases, by any person before whom, or the clerk of the circuit court of a county in which, the attendance is desired; or, if attendance be desired before a justice, by such or any other justice. The summons shall express on whose behalf, and in what case, or about what matter, the witness is to attend. This section shall be deemed to authorize a summons to compel attendance before commissioners or other persons appointed by authority of another state, but only in case they be citizens of this state, and the summons requires the attendance of a witness at a place not out of his county.
WV Code § 57-5-2 (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-2. When Witness May Be Compelled to Give Evidence Against Himself Immunity of Witness From Prosecution

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 justice may be promoted by compelling such testimony or evidence. And if, but for this section, the person would have been excused from so testifying or from producing such evidence, then if the person is so compelled to testify or produce other evidence and if such testimony or evidence is self-criminating, such self-criminating testimony or evidence shall not be used or receivable in evidence against him in any proceeding against him thereafter taking place other than a prosecution for perjury in the giving of such evidence, and the person so compelled to testify or furnish evidence shall not be prosecuted for the offense in regard to which he is so compelled to testify or furnish evidence, and he shall have complete legal immunity in regard thereto.
WV Code § 57-5-3 (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-3. Production of Writings -- by Party

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 party to the action to appear before the court on a day named therein, and bring with him and produce before such court such book of accounts, or other writing or paper, as is specified in such process, in order that the same may be used as evidence on the trial of the action. And unless the person upon whom such process is served shall, at the time specified therein, produce what is so required, or show to the satisfaction of the court that he has not under his control such book, writing or paper, or unless, from an inspection or otherwise, the court is of opinion that the character of the book, writing or paper is such as should not be used as evidence on the trial of the action, the court may attach him and compel him to produce the same. It may also, if it see fit, set aside a plea of such person and give judgment against him by default, if he be a defendant, or, if he be a plaintiff, order his suit to be dismissed, with costs, or if he be claiming a debt before such court or commissioner, disallow such claim.
WV Code § 57-5-4 (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-4. Production of Writings -- by Person Other Than Party

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 such person as is named in section one of this article, such court, family law master, judge or president thereof may order the clerk of the said court to issue a subpoena duces tecum to compel such production at a time and place to be specified in the order.
WV Code § 57-5-4a (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-4a. Hospital Records; Definitions

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 and medication ordered and given, notes, entries, X-rays, and other written or graphic data prepared, kept, made or maintained in hospitals that pertain to hospital confinements or hospital services rendered to patients admitted to hospitals or receiving emergency room or outpatient care. Such records shall not, however, include ordinary business records pertaining to patients' accounts or the administration of the institution.(b) "Custodian" means and includes the medical record librarian and the administrator or other chief officer of a duly licensed hospital in this state and its proprietor, as well as their deputies and assistants and any other persons who are official custodians or depositories of records.
WV Code § 57-5-4b (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-4b. Hospital Records; Furnishing Copies in Compliance With Subpoenas

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 have arisen and such subpoena requires the production of all or any part of the records of the hospital relating to the care or treatment of a patient in such hospital, it shall be sufficient compliance therewith if the custodian or other officer of the hospital shall, on or before the time specified in the subpoena duces tecum, file with court clerk or the officer, body or tribunal conducting the hearing, a true and correct copy (which may be a copy reproduced on film or other reproducing material by microfilming, photographing, photostating or other approximate process, or facsimile, exemplification or copy of such reproduction or copy) of all records described in such subpoena.
WV Code § 57-5-4c (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-4c. Hospital Records; Sealing, Identification and Direction of Copies

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 wrapper, sealed, and directed as follows:If the subpoena directs attendance in court, to the clerk of such court or to the judge thereof; if the subpoena directs attendance at a deposition, to the officer before whom the deposition is to be taken, at the place designated in the subpoena for the taking of the deposition or at his place of business; in other cases, to the officer, body or tribunal conducting the hearing, at a like address.
WV Code § 57-5-4d (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-4d. Hospital Records; Opening of Sealed Envelopes

Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, court, officer, body or tribunal conducting the proceeding, in the presence of all parties who have appeared in person or by counsel at such trial, deposition or hearing. Before directing that such inner-envelope or wrapper be opened, the judge, court, officer, body or tribunal shall first ascertain that either (1) the records have been subpoenaed at the insistance of the patient involved or his counsel of record, or (2) the patient involved or someone authorized in his behalf to do so for him has consented thereto and waived any privilege of confidence involved. Records which are not introduced in evidence or required as part of the record shall be returned to the person or entity from whom received.The provisions of this section shall not apply in a workers' compensation proceeding if the pertinent record is the record of the claimant therein or a claimant's decedent: Provided, That nothing in this section, or the preceding section, shall limit in any manner the availability of and access to documents as provided in the rules of civil procedure or elsewhere in this code by the parties to any civil action and their counsel.
WV Code § 57-5-4e (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-4e. Hospital Records; Custodian's Affidavit; Charges

The records shall be accompanied by an affidavit of a custodian stating in substance: (a) That the affiant is a duly authorized custodian of the records and has authority to certify said records, (b) that the copy is a true copy of all the records described in the subpoena, (c) that the records were prepared by the personnel of the hospital, staff physicians, or persons acting under the control of either, in the ordinary course of hospital business at or near the time of the act, condition or event reported therein, and (d) certifying the amount of the reasonable charges of the hospital for furnishing such copies of the record. If the hospital has none of the records described, or only part thereof, the custodian shall so state in the affidavit and file the affidavit and such records as are available in the manner described in sections four-b and four-c. The filing of such affidavit with respect to reasonable charges shall be sufficient proof of such expense, which shall be taxed as costs of court.
WV Code § 57-5-4f (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-4f. Hospital Records; Admissibility of Copies and Affidavits

The copy of the record shall be admissible in evidence to the same extent as though the original thereof were offered and the custodian has been present and testified to the matters stated in the affidavit.The affidavit shall be admissible in evidence and the matters stated therein shall be presumed true in the absence of preponderance of evidence to the contrary. When more than one person has knowledge of the facts, more than one affidavit may be made.
WV Code § 57-5-4g (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-4g. Hospital Records; Obtaining Personal Attendance of Custodian

The personal attendance of the custodian shall be required if the subpoena duces tecum contains a clause which reads:"The procedure authorized pursuant to section four-b of this article will not be deemed sufficient compliance with this subpoena."
WV Code § 57-5-4h (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-4h. Hospital Records; Obtaining Personal Attendance of Custodian and Production of Original Record

The personal attendance of the custodian and the production of the original record shall be required if the subpoena duces tecum contains a clause which reads:"Original records are required, and the procedure authorized pursuant to section four-b, article five, chapter fifty-seven of this code, will not be deemed sufficient compliance with this subpoena."
WV Code § 57-5-4i (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-4i. Hospital Records; Substitution of Copies After Introduction of Originals

In view of the property right of the hospital in its records, original records may be withdrawn after introduction into evidence and copies substituted, unless otherwise directed for good cause by the court, judge, officer, body or tribunal conducting the hearing. The custodian may prepare copies of original records in advance of testifying for the purpose of making substitution of the original record, and the reasonable charges for making such copies shall be taxed as costs of court. If copies are not prepared in advance, they can be made and substituted at any time after introduction of the original record, and the reasonable charges for making such copies shall be taxed as costs of court.
WV Code § 57-5-4j (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-4j. Hospital Records; Evidence of Reasonableness of Medical Expenses

Proof that medical, hospital and doctor bills were paid or incurred because of any illness, disease or injury shall be prima facie evidence that such bills so paid or incurred were necessary and reasonable.
WV Code § 57-5-5 (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-5. Failure of Witness to Attend or Produce Writing

If any person, after being served with such summons, fail to attend to give evidence or to produce such writing or document according to the summons, the court whose clerk issued the summons, or if it was not issued by the clerk of a court, the circuit court of the county in which the attendance is desired, or a judge of such court in vacation, on a special report by the person or persons before whom there was a failure to attend, on proof that there was paid to him (if it was required) a reasonable time before he was required to attend, the allowance for one day's attendance, and his mileage and tolls, shall, after service of a notice to, or rule upon him to show cause against it (if no sufficient cause be shown against it) fine him not exceeding $20, to the use of the party for whom he was summoned, and may proceed by attachment to compel him to attend and give his evidence or produce such writing or document at such time and place as such court or judge may deem fit. The witness shall, moreover, be liable to any party injured for damages.
WV Code § 57-5-6 (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-6. Commitment to Jail of Person Attending but Refusing to Testify or Produce Writing

If a person, after being served with such summons, shall attend and yet refuse to be sworn, or to give evidence, or to produce any writing or document required, he may by order of the court whose clerk issued said summons, or of the person before whom he was summoned to attend, be committed to jail, there to remain until he shall, in custody of the jailer, give such evidence or produce such writing or document.
WV Code § 57-5-8 (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-8. Who May Administer Oath to Witness

Any person before whom a witness is to be examined may administer an oath to such witness.
WV Code § 57-5-10 (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-10. Affidavit of Nonresidence; Affidavit of Publication in Newspaper

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 certificate of the editor or publisher or affidavit of any other person shall be admitted as evidence of what is stated therein as to the publication.
WV Code § 57-5-11 (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-11. Disposal of Exhibits or Articles Offered in Evidence; Disposal of Property in Hands of Law-Enforcement Officials

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 the trial, of any matter or case before such court or judge, and remaining in the custody or control of such court for a period of thirty days after the expiration of the time within which an appeal may be taken from any final order or judgment in such matter or case, if no appeal is taken therefrom, or thirty days, after any final order or judgment of an appellate court, if such appeal is taken therein: Provided, That if the ownership of such exhibit or article be known, the owner shall be notified and such exhibit or article shall be returned to him if he so desires.Any sale directed hereunder shall be made upon such notice and terms and by such officer or other person as the court or judge shall direct. The proceeds of any such sale shall be applied to the reasonable costs and expenses of such sale as the court or judge shall allow, and the remainder thereof shall be paid into the State Treasury.The provisions of this section shall not apply or extend to the county commission of any county; nor shall any property or article be disposed of hereunder contrary to any other statute which expressly provides a different disposition.
WV Code § 57-5-12 (2021)
2021 West Virginia Code|Chapter 57. Evidence and Witnesses|Article 5. Miscellaneous Provisions|§57-5-12. Certain Documents Deemed Duplicates

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 be a duplicate for purposes of admission into evidence in the courts of this state.A reproduction deemed a duplicate pursuant to the provisions of this section shall be authenticated by competent testimony or by an attestation which shall recite the type of recording system employed, that such system does not permit additions, deletions or changes to the record and that the attestant has actual knowledge of the aforementioned facts.The provisions of this section shall be construed to provide an additional method of qualifying original writings or recordings and duplicates thereof as admissible in evidence, and shall not replace or derogate any other methods set forth elsewhere in this code or provided for in the West Virginia rules of evidence as adopted by the Supreme Court of Appeals.
WV Code § 58-1-1 (2021)
2021 West Virginia Code|Chapter 58. Appeal and Error|Article 1. Errors Not Reversible|§58-1-1. To 58-1-3

Repealed.Acts, 1998 Reg. Sess., Ch. 110.
WV Code § 58-2-1 (2021)
2021 West Virginia Code|Chapter 58. Appeal and Error|Article 2. Review in Lower Court|§58-2-1. To 58-2-7

Repealed.Acts, 1998 Reg. Sess., Ch. 110.
WV Code § 58-3-1 (2021)
2021 West Virginia Code|Chapter 58. Appeal and Error|Article 3. Appeals From County Commissions|§58-3-1. When Appeal Lies to Circuit Court

An appeal shall lie to the circuit court of the county from the final order of the county commission in the following cases: (a) In cases of contested elections tried and determined by such court; (b) in cases of contempt; (c) the establishment and regulation of a road, way, bridge, public landing, ferry or mill; (d) the probate of a will; (e) the appointment and qualification of a personal representative, guardian, including, but not limited to, all fiduciaries made pursuant to article ten-a, chapter forty-four of this code, or committee, and the settlement of their accounts; (f) the disposition of disputes arising from the provisions of article three, chapter forty-two of this code, which appeal shall be de novo; (g) in any other case by law specially provided.
WV Code § 58-3-1a (2021)
2021 West Virginia Code|Chapter 58. Appeal and Error|Article 3. Appeals From County Commissions|§58-3-1a. Procedures for Appeals

Any interested person may appeal the final order of the county commission described by the provisions of subdivision (f), section one of this article to the circuit court as a matter of right by requesting the appeal within four months after the final order of the county commission is rendered. The appeal shall be determined by trial de novo. Upon receipt of the request for appeal, the clerk of the county commission shall collect the circuit court filing fee therefor and forward the same, together with the final order and the request, to the clerk of the circuit court. The court may require the clerk of the county commission to file with the circuit clerk all or any portion of the record of the proceedings which resulted in the final order. No bond may be required from any party to the appeal. The final order of the county commission shall be stayed pending the appeal proceedings. If, after the appeal is filed in the circuit court, the matter is not brought on for hearing before the end of the second term thereafter, the appeal shall be considered abandoned and shall be dismissed at the cost of the appellant unless sufficient cause is shown for a further continuance. Upon such dismissal, the final order of the county commission is affirmed. No appeal which has been so dismissed by the circuit court may be reinstated after the expiration of the next regular term following such dismissal.
WV Code § 58-3-2 (2021)
2021 West Virginia Code|Chapter 58. Appeal and Error|Article 3. Appeals From County Commissions|§58-3-2. When Procedure to Be Controlled by Provisions of This Article

In any case where there may be an appeal under the preceding section and the manner of appeal is not otherwise specially provided by law, the procedure shall be controlled by the provisions in the following sections of this article; and in any case where the manner of appeal is otherwise specially provided, the provisions in the following sections of this article shall apply and control the procedure to the extent that they are applicable and not inconsistent with special provisions.