RULE 9. CAMERAS IN COURTROOMS
Upon request and with the concurrence of the supervising circuit judge, the magistrate may permit the quiet and unobtrusive use of a camera in the courtroom in accordance with the Rules Governing Camera Coverage of Courtroom Proceedings.

[Effective July 1, 1988; amended effective August 1, 1991.]


RULE 10. APPEARANCE ON BEHALF OF CORPORATIONS
A corporation may appear by any attorney licensed to practice in this State, and may also appear by any officer or employee of the corporation. If a non-attorney is employed solely for the purpose of representing such corporation in legal matters, such person must be a full-time employee of the corporation.

[Effective July 1, 1988.]


RULE 11. COPIES
(a) Photocopies. The clerk shall provide photocopies of magistrate court records to any person requesting such copies. With the exception of copies for parties authorized to receive the services of the court without cost, the clerk shall charge $.25 per page for each copy. Any request for photocopies that is unreasonably burdensome in terms of quantity, time, or manner of photocopying may be denied or delayed.
On or before the tenth day of the month following the month of their collection, the clerk shall forward to the Administrative Office, by check payable to the State of West Virginia, all fees collected for photocopies.
(b) Facsimile Transmissions. The clerk may send or receive facsimile transmissions involving court-related business. With the exception of transmissions for parties authorized to receive the services of the court without cost, the clerk shall charge $2.00 per page transmitted at the request of any person other than a judicial officer or employee.
On or before the tenth day of the month following the month of their collection, the clerk shall forward to the Administrative Office, by check payable to the State of West Virginia, 75 percent of all fees collected for facsimile transmissions, and shall forward 25 percent of all fees collected for facsimile transmissions to the sheriff for deposit in the magistrate court fund.

[Effective July 1, 1988; amended effective September 1, 1996.]


RULE 12. RETENTION OF RECORDS
All records of magistrate courts shall be retained by the clerk in accordance with the following schedule:
(a) Traffic and Natural Resources Citations. (Except DUI and driving while revoked for DUI)
(1) Dismissed. Retain all records for 5 years from dismissal, then destroy all records.
(2) Failure to Appear, No Warrant Issued. After one year from the issuance of citation, transfer to inactive status; after 5 years from issuance of citation, destroy all records.
(3) Failure to Appear, Warrant Issued but Unexecuted. Treat as all other misdemeanors, below.
(4) Fine Assessed but Unpaid. After one year from assessment of fine transfer to inactive status; after 5 years from last collection effort, destroy all records.
(5) Fine Paid. Retain all records for 5 years after payment, then destroy.
(b) DUI and Driving While Revoked for DUI. Retain all records permanently.
(c) All Other Misdemeanors.
(1) Dismissed. Retain all records for 10 years from dismissal, then destroy all records except case history sheet.
(2) Warrant Issued but Unexecuted. After one year from issuance of warrant, transfer case to inactive status; after 10 years from issuance of warrant, destroy all records except case history sheet.
(3) Fine Assessed but Unpaid. After one year from last collection effort, transfer case to inactive status; after 10 years from last collection effort, destroy all records except case history sheet.
(4) Fine Paid and Sentence Served. After 10 years from date of last activity, destroy records except case history sheet.
(5) Appeal. Forward all records to circuit court; retain photocopy of case history sheet.
(d) Felonies.
(1) Preliminary Hearing, Probable Cause Found. Forward all records to circuit court; retain photocopy of case history sheet.
(2) Preliminary Hearing, No Probable Cause Found. After 10 years from preliminary hearing, destroy all records except case history sheet.
(3) Complaint Dismissed Prior to Preliminary Hearing. Retain all records for 10 years from dismissal, then destroy all records except case history sheet.
(4) Preliminary Hearing Waived. Retain photocopy of case history sheet.
(5) Plea to Misdemeanor. Follow retention schedule for misdemeanor, above.
(e) Civil.
(1) Judgment Dismissing Complaint. After 10 years from dismissal, destroy all records except case history sheet.
(2) Judgment Awarding Relief. After 10 years from last activity, destroy all records except case history sheet.
(3) Judgment Appealed. Forward all records to circuit clerk; retain photocopy of case history sheet.
(f) Fiscal. Two years after receipt of the audit report and resolution of audit exceptions, destroy all records.
(g) Administrative. Two years after receipt of the audit report and resolution of audit exceptions, destroy all records except case indexes and registers.
(h) Miscellaneous Records. Ten years after the receipt of any other record and the resolution of any matter raised therein, destroy all records except case history sheets, case indexes, and registers.
(i) Records Relating to Unresolved Audit Exceptions. All records relating to unresolved audit exceptions shall be retained until either two years after the resolution of such exceptions or in accordance with the above schedules, whichever date is later.

[Effective July 1, 1988.]