Frequently Asked Questions

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Can I go to court without a lawyer?

Yes. The Supreme Court of Appeals of West Virginia states that you have the right to represent yourself in state courts. In fact, many people in West Virginia go to court without a lawyer. Some people cannot afford to hire a lawyer. Others decide that they would rather handle their legal problems on their own.

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Should I go to court without a lawyer?

This is your decision to make. You may request a "Going Solo" booklet in our office that will assist you with representing yourself.

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How do I file my lawsuit? Is there a form I can use?

A lawsuit begins with the filing of a written complaint in the court clerk's office. The Office of the Circuit Court Clerk may have some forms for the circuit court and has many forms for family court cases. You can go to the clerk's office, tell them what your case is about, and they will give you the forms to fill out for your type of case. There is a small fee for the forms.

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Do I have to pay to file a lawsuit?

Yes. The court will charge a fee to file your case. In family court cases there is a charge for the forms, but you may not have to pay those fees if you meet low-income guidelines. This is called a fee waiver. If you think you might qualify, ask the clerk to give you the Fee Waiver Forms to see if you are eligible to have the fees waived. This form and many other forms are available on the Supreme Court's web site or ask at your circuit court clerk's office.

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How do I make sure I've done everything right?

The courthouse staff cannot give you legal advice about your specific case, but they will answer your questions about how the court system works. If you decide that there is too much at stake or your case is too difficult to handle on your own, you can always contact and hire a lawyer.

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Records

Public

Public information consists of only Civil and Criminal information. 

Copies $1 

Faxes $2

Attorneys

The Circuit Clerk's office is pleased to announce that we have joined a new electronic information service which will provide access to our computer docketing system. In cooperation with the WV Supreme Court we have been an e-file county since November, 2018. You will need to register on the e-filing website at https://efile.courtswva.com – the instructions are as follows:

1. Register as attorney using your WV Bar Association assigned Bar ID number and other information requested. If you desire your staff to receive notifications and documents in their emails add their emails on the final tab of registration.

2. If you have a paralegal who files cases for you, the attorney will register first.

3. The paralegal or other office staff will register by choosing the “Other” option. 

4. The attorney logs in with email address as the “User ID”, choose the “Account” tab, choose “Manage Impersonators” option. Enter the paralegals User ID at the Add/Edit Impersonator window and click ok to give them rights to file under your Bar ID number. 

5. The paralegal will then sign in, go to the “Account” tab, choose the “Impersonate Attorney” tab. The attorney will be listed; paralegal chooses their attorney clicks “Change.”

6. The paralegal is now filing cases under their attorney with his/her bar ID. All communication/notices will flow to the attorney impersonated unless the attorney adds staff email addresses under additional emails when signing up initially.

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