§51-4-4. Removal of records or papers out of county; penalty.
None of the records or papers of a court shall be removed by
the clerk, nor allowed by him or by the court to be removed, out of
the county wherein the clerk's office is kept, except on an
occasion of invasion or insurrection, actual or threatened, when,
in the opinion of the court, or, in a very sudden case, of the
clerk, the same will be endangered, after which they shall be
returned as soon as the danger ceases; and except in such other
cases as are specifically provided by law, or by general order of
the court permitting the removal or transfer thereof to counties
within his circuit; or to another circuit in cases being heard by
a visiting or special judge. In such cases of removal or transfer
the clerk of the court from which such papers and records are
removed shall take and preserve an appropriate written receipt
therefor. Any clerk violating this section shall forfeit six
hundred dollars. However, this section shall not be construed as
to prevent a judge of a circuit court from taking files of papers
from any county of his circuit, or directing the clerk to send such
files to him, when he needs to use the same.
Note: WV Code updated with legislation passed through the 2016 Regular Session
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