Rule 8.Unofficial recording of proceedings

Current through December 29, 2025 · Last verified July 8, 2026

In one sentenceRule 8 bars photographing, recording, transmitting or broadcasting family court proceedings without the court's prior permission, and extends the ban to areas next to the courtroom.

Full Text of Rule 8

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Unless prior permission is granted by the family court, no person shall be permitted to make photographs, video recordings, sound recordings, or any other form of recording of proceedings, or any sound, video, or other form of transmission or broadcast of proceedings; and unless prior permission is granted by the court, such activities are not permitted in areas immediately adjacent to the courtroom. With prior approval of the court, photographs, video recordings, sound recordings, other forms of recordings, and sound, video, or other forms of transmissions or broadcasts may be made of ceremonial proceedings in the courtroom.

End

Amendment History

[Amended by order adopted November 27, 2001, effective January 1, 2002; and by order entered and effective December 1, 2005.]

Plain-English Summary

Unless the family court grants prior permission, nobody may make photographs, video recordings, sound recordings or any other form of recording of proceedings, and nobody may transmit or broadcast them in any form. The prohibition covers the making of the record and its onward transmission as separate things.

It also reaches beyond the courtroom door: without the court's prior permission, those activities are not permitted in the areas immediately adjacent to the courtroom.

One category is carved out, and it runs the other way — with prior approval of the court, photographs, recordings of every kind, and transmissions or broadcasts may be made of ceremonial proceedings in the courtroom.

Frequently Asked Questions

Can a party record a family court hearing?

Not without prior permission from the family court. The rule bars photographs, video and sound recordings, and any other form of recording, as well as transmission or broadcast.

Does the ban apply outside the courtroom?

Yes. Without prior permission from the court, these activities are not permitted in areas immediately adjacent to the courtroom.

Is there any proceeding that can be recorded?

Ceremonial proceedings in the courtroom, with the prior approval of the court.

Does this affect the court's own recording?

No. Rule 5(b) provides for the official electronic recording of proceedings; Rule 8 governs unofficial recording by others.

What kinds of recording are covered?

Photographs, video recordings, sound recordings, or any other form of recording, and sound, video or any other form of transmission or broadcast.

Source & verification. The rule text is reproduced verbatim from the official West Virginia Rules of Practice and Procedure for Family Court (W. Va. R. Prac. & P. Fam. Ct. 8). Prescribed by the Supreme Court of Appeals of West Virginia (W. Va. Const. art. VIII, § 3). The plain-English summary is original and written by us. Last verified July 8, 2026. · Official source

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