Senate Bill No. 553
(By Senators Minard, Bailey, Sharpe and Wagner)
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[Introduced March 22, 1993; referred to the Committee
on the Judiciary.]
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A BILL to amend and reenact section twenty-seven, article two,
chapter forty-eight of the code of West Virginia, one
thousand nine hundred thirty-one, as amended, relating to
requirement that the clerk seal certain documents in
annulment or divorce proceedings.
Be it enacted by the Legislature of West Virginia:
That section twenty-seven, article two, chapter forty-eight
of the code of West Virginia, one thousand nine hundred thirty-
one, as amended, be amended and reenacted to read as follows:
ARTICLE 2. DIVORCE, ANNULMENT AND SEPARATE MAINTENANCE.
§48-2-27. Sealing by clerk of evidence and pleadings.
When a judgment order is entered in any action for annulment
of marriage or for divorce, the clerk shall
immediately seal in
a package place all pleadings,
except the orders of the court,
all the written testimony, exhibits to the testimony, the
stenographic notes or other recordings of the testimony, if any
were taken,
the commissioner's report the family law master'sfindings of fact, and all other evidence,
and the same shall not
be again opened except upon written permission of the court:
Provided, That a family law master before whom a subsequent
matter in the same action is pending may open and inspect the
pleadings, testimony, exhibits, notes and recordings, reports,
evidence and all other contents of the sealed court file without
the written permission of the court in the court file and the
same shall be kept confidential and not open to inspection except
to the litigants and counsel of record.
NOTE: The purpose of this bill is to eliminate the
requirement that certain documents relating to divorce or
annulment proceedings be sealed by the circuit clerk.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
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