Upshur County Court Records
How To Find Court Records in Upshur County in 2026
Members of the public seeking court records in Upshur County may access publicly available case information through several official channels. UpshurRecords.org aggregates publicly available information related to court records and related judicial data for Upshur County, West Virginia. Depending on the case type, jurisdiction, and applicable access rules, records available through official sources may include:
- Civil case filings and judgments
- Criminal case dockets and disposition records
- Family court orders and domestic relations filings
- Probate records and estate proceedings
- Traffic and misdemeanor case records from magistrate court
- Small claims filings and outcomes
Court records in Upshur County may be searched through five primary methods:
1. Clerk of Court or Court Records Office The Upshur County Circuit Clerk maintains official case files for circuit court matters. Members of the public may visit the clerk's office in person during business hours to request access to case files. Providing the full case number, party name, or approximate filing date assists staff in locating records efficiently.
2. Courthouse Public Access Terminals Public access computer terminals are available at the Upshur County Courthouse. These terminals allow members of the public to search case index information without charge during regular courthouse hours.
3. Online Court Search The West Virginia Judiciary's court record access portal provides searchable circuit court records from all fifty-five counties statewide. Users may search by party name, case number, or attorney name. Online access reflects docket-level information and may not include full document images for all case types.
4. State-Level Judicial Search Tools The Magistrate Case Record Search tool maintained by the Supreme Court of Appeals of West Virginia allows users to search magistrate court case information statewide. As noted in the system's disclaimer, the Supreme Court of Appeals of West Virginia makes no representation as to the accuracy or completeness of the information provided through this tool.
5. Written or Mail Requests Members of the public who are unable to appear in person may submit written requests to the Circuit Clerk's office. Requests should include the case number or party name, the type of record sought, and a return mailing address. Copy fees apply to records provided by mail.
Are Court Records Public In Upshur County
Court records in Upshur County are subject to the public access provisions established under West Virginia law. Under W. Va. Code § 29B-1-1 et seq., the West Virginia Freedom of Information Act, public records held by government bodies are presumptively open to inspection by members of the public. The West Virginia Rules of Civil Procedure and the administrative rules of the Supreme Court of Appeals further govern access to judicial records specifically.
Records that are generally public include:
- Case docket entries and index information
- Party names and attorney of record
- Hearing dates, continuances, and scheduling orders
- Filed pleadings, motions, and responses in civil matters
- Final judgments, orders, and decrees
- Criminal case dispositions, pleas, and sentencing entries
- Probate inventories and estate orders
Records that may be confidential, sealed, or restricted include:
- Juvenile delinquency and status offense records
- Adoption proceedings and related filings
- Certain mental health commitment records
- Sealed filings ordered by the court
- Expunged criminal records under W. Va. Code § 61-11-25
- Protected personal identifiers such as Social Security numbers, financial account numbers, and dates of birth in certain filings
- Domestic violence protective order petitioner information in some circumstances
A distinction exists between courthouse inspection and online access. While docket-level information is available through the West Virginia Judiciary's online search tools, full document images are not uniformly available for all case types or all counties through the online portal. Physical inspection at the courthouse may provide access to a broader range of filed documents.
What Are Court Records in Upshur County?
Court records are the official documents, filings, and entries created and maintained by a court in connection with judicial proceedings. In legal and practical terms, a court record encompasses everything formally submitted to or generated by the court from the initiation of a case through its final disposition and any subsequent appellate proceedings.
A distinction exists between docket entries and full case files. A docket is a chronological index of all actions taken in a case, including filing dates, hearing dates, and orders entered. The full case file contains the actual documents underlying those docket entries, such as complaints, motions, exhibits, and judgments.
Civil court records document disputes between private parties or between a party and a government entity, covering matters such as contract claims, property disputes, and tort actions. Criminal court records document proceedings initiated by the state against individuals charged with violations of criminal law, including felonies, misdemeanors, and traffic offenses adjudicated at the circuit or magistrate court level.
Filed pleadings are the formal documents submitted by parties to initiate or respond to litigation. Final judgments are the court's conclusive rulings resolving the matter. Public filings are those accessible under applicable access rules, while sealed or restricted filings are withheld from public inspection by court order or statute.
Trial court records are maintained by the clerk of the court in which the case was heard. In Upshur County, the Circuit Clerk maintains circuit court records, and the Magistrate Court Clerk maintains magistrate-level records. Appellate records, including those before the West Virginia Supreme Court of Appeals and the Intermediate Court of Appeals, are maintained by the appellate court clerks.
Court records are created at the moment of initial filing and updated continuously as parties submit documents, hearings are held, and orders are entered. The record is considered complete upon final disposition, though post-judgment filings such as appeals, motions to modify, or enforcement actions may extend the active record.
Upshur County Circuit Clerk
38 West Main Street
Buckhannon, WV 26201
Phone: (304) 472-1068
Upshur County Information - West Virginia Judiciary
What's Included in a Upshur County Court Record?
A court record in Upshur County may contain a range of information depending on the case type, the court in which the matter was filed, and applicable public-access rules. The following categories of information may appear within a court record:
- Case identification: Case number, court name and division, and filing date
- Party information: Names of plaintiffs, defendants, petitioners, respondents, and attorneys of record
- Case classification: Case type (civil, criminal, family, probate, traffic) and current case status
- Docket entries: A chronological log of all filings, hearings, and court actions
- Hearing information: Scheduled and completed hearing dates, continuances, and minute entries
- Filed documents: Complaints, petitions, answers, motions, responses, notices, briefs, and supporting exhibits where not restricted
- Court orders and judgments: Interlocutory orders, final judgments, decrees, sentencing entries, custody rulings, probate orders, and appellate decisions
- Outcome information: Dismissals, verdicts, pleas, convictions, acquittals, and case dispositions
- Administrative and financial data: Filing fees, assessed court costs, fines, restitution amounts, and bond information where publicly reflected in the record
Certain information is excluded or restricted from public court records. Sealed filings are withheld by court order. Expunged matters are removed from public access pursuant to applicable statute. Juvenile case files are confidential under West Virginia law. Adoption records are sealed. Protected personal data, including Social Security numbers and financial account numbers, is redacted from publicly accessible filings. Some exhibits, particularly those containing sensitive personal or proprietary information, may be filed under seal or returned to the submitting party after proceedings conclude.
Types of Courts in Upshur County
Upshur County is served by courts operating within the West Virginia unified judicial system as established under the West Virginia Constitution and administered by the West Virginia Judiciary. The court structure currently serving Upshur County includes the following:
Circuit Court – Eighteenth Judicial Circuit The Upshur County Circuit Court is the court of general jurisdiction for the county. It hears felony criminal cases, civil matters exceeding the magistrate court's jurisdictional limit, family law matters including divorce and child custody, juvenile proceedings, and probate matters. The Circuit Clerk maintains the official record for all circuit court cases. Upshur County is part of the Eighteenth Judicial Circuit, as reflected in the Upshur County court information published by the West Virginia Judiciary.
Magistrate Court The Upshur County Magistrate Court is a court of limited jurisdiction. It handles misdemeanor criminal cases, civil claims up to $10,000, small claims matters, preliminary hearings in felony cases, and certain landlord-tenant disputes. The Magistrate Court Clerk maintains records for magistrate-level proceedings. Case information from the magistrate court may be searched through the Magistrate Record Search tool provided by the West Virginia Judiciary.
Family Court Family court judges in West Virginia handle domestic relations matters including divorce, legal separation, annulment, child custody, child support, and domestic violence protective orders. Family court records are maintained by the Circuit Clerk's office.
Upshur County Circuit Court – Clerk's Office
38 West Main Street
Buckhannon, WV 26201
Phone: (304) 472-1068
West Virginia Judiciary: Home
How to Search Upshur County Court Records for Free?
Several methods for searching Upshur County court records are available at no cost to members of the public. The following table summarizes free and fee-based access options:
| Access Method | Cost | Notes |
|---|---|---|
| In-person inspection at clerk's office | Free | No charge to view records on-site |
| Courthouse public access terminals | Free | Available during courthouse hours |
| Online circuit court case search | Free | Docket-level information only |
| Magistrate case record search | Free | Statewide tool, docket-level data |
| Photocopies of records | Fee applies | Per-page copy fee charged by clerk |
| Certified copies | Fee applies | Higher per-page or per-document fee |
| Mailed copies | Fee applies | Copy fee plus postage |
In-person inspection of court records at the Upshur County Circuit Clerk's office is free of charge. Members of the public may review case files and docket entries without payment. The court record access portal maintained by the West Virginia Judiciary provides free online access to circuit court docket information statewide. The Magistrate Case Record Search is similarly available at no cost.
Fees apply when copies are requested. Under West Virginia clerk fee schedules, photocopies of court records are assessed on a per-page basis. Certified copies carry an additional certification fee. Members of the public seeking copies should confirm the current fee schedule directly with the Circuit Clerk's office, as fees are subject to revision by court rule or legislative action under W. Va. Code § 59-1-10, which governs clerk fees in West Virginia.
How Long Does Upshur County Keep Court Records?
The retention of court records in Upshur County is governed by the records retention schedules established by the West Virginia Supreme Court of Appeals and applicable state archival authority. Retention periods vary by case type and record category.
Permanent retention applies to certain categories of records, including judgment docket books, minute books, order books, and final decrees in civil and criminal matters. These records are considered part of the permanent judicial record and are not subject to routine destruction.
Felony criminal case files are retained for extended periods, reflecting the potential for post-conviction proceedings, appeals, and collateral review. Misdemeanor and traffic case files at the magistrate court level may be subject to shorter retention schedules following final disposition. Probate records, including wills admitted to record and estate settlement orders, are retained permanently as part of the county's official record.
Paper files may be transferred to microfilm or digital imaging as part of records management programs. Following imaging and verification, original paper documents may be destroyed in accordance with the applicable retention schedule, with the imaged record serving as the official copy. Older records predating electronic systems may exist in paper files, bound volumes, or microfilm held at the courthouse or transferred to state archival facilities.
A distinction exists among destruction, archival retention, sealing, redaction, and expungement. Destruction refers to the physical elimination of records at the end of a retention period. Archival retention means records are preserved but may be transferred to a repository with restricted access. Sealing removes records from public view by court order while preserving them in the court's custody. Redaction removes specific information from an otherwise public document. Expungement, available in limited circumstances under W. Va. Code § 61-11-25, results in the removal and destruction or sealing of qualifying criminal records.
How To Find a Court Docket in Upshur County
A court docket is the official chronological index of all actions taken in a specific case. It differs from the full case file in that it records what happened and when, rather than containing the actual documents filed. A docket entry may note that a motion was filed, a hearing was held, or an order was entered, but the docket itself does not reproduce the text of those documents.
Dockets for Upshur County circuit court cases are searchable through the West Virginia Judiciary's court record access portal, which provides circuit court case information from all fifty-five counties. To locate a docket, users may search by party name, case number, or attorney name. Search results display case index information including the case number, parties, case type, filing date, and a list of docket entries with corresponding dates.
Magistrate court dockets are accessible through the Magistrate Case Record Search tool. As the West Virginia Judiciary notes, users are instructed to call or visit the magistrate court clerk in the county where a case is filed to obtain copies of specific court records.
A court docket entry may contain:
- Filing date and document type for each action
- Hearing dates, times, and courtroom assignments
- Continuances and rescheduled proceedings
- Minute entries summarizing hearing outcomes
- Orders entered and their effective dates
- Status updates and case disposition entries
A docket does not include full document images for all case types, sealed entries, confidential attachments, or exhibits filed under restriction. Hearing calendars and daily court schedules may be separately available through the clerk's office or posted at the courthouse. Members of the public seeking a specific docket entry or a printed copy of a docket sheet may request that document from the Circuit Clerk's office, with applicable copy fees assessed under the clerk's current fee schedule.