Filing Under a Pseudonym
Reported cases from West Virginia do not discuss rules or reasons for Doe plaintiffs. One case to which an analogy could be drawn with respect to the privacy interest of the Doe plaintiff is:
- Doe v. Wal-Mart Stores, Inc., 558 S.E.2d 663 (W. Va. 2001) – Doe is victim of kidnapping from Defendant’s parking lot, and a subsequent rape. The court does not discuss the use of the pseudonym.
Filing Requirements & Availability of Court Records
W. VA. R.C.P., Rule 10 (2009): Form of pleadings
“(a) Caption; names of parties. . . . In the complaint the title of the action shall include the names of all the parties . . . .”
Supreme Court opinions are searchable and available only from 1991 forward at http://www.state.wv.us/wvsca/opinions.htm (last visited Apr. 20, 2010).
W. VA. CODE § 49-7-1 (2009) provides that court records pertaining to juvenile or child court proceedings are to be confidential.
W. VA. CODE § 16-2I-6 (2009) allows women who have received abortions to use pseudonyms in court proceedings arising under the Women’s Right to Know Act.
W. VA. CODE § 16-3C-3 (2009) provides for the use of a pseudonym for HIV infected individuals who would otherwise be identified in pleadings under the AIDS-related Medical Testing and Confidentiality Act.