Hampshire County Circuit Court | Circuit Court Information & Forms

Circuit Court
Information & Forms

Welcome

Each tab above provides general information and, when available, forms and resources for matters within the jurisdiction of the Circuit Court.

Circuit Court Dress Code

Expungement

The packet linked below includes the following forms provided by the WV Supreme Court of Appeals.

Expungement Instructions
Petition for Expungement of Misdemeanor Violations and Traffic Citation
Petition for Expungement of Felony Violations
Motion for Expungement of Criminal Records Due to Acquittal or Dismissal for Reasons Other than Entry of a Plea

The Circuit Clerk’s Office cannot advise you on which form to complete for your specific situation.

Helpful Resources - Home - Jobs and Hope (wv.gov)

Expungement Packet

Habeas Corpus Proceedings

A habeas corpus case is a civil action in which a person who is incarcerated or otherwise restrained of their liberty asks the court to review whether the detention, conviction, or sentence is lawful.

Self-litigant forms can be located on the WV Supreme Court Judiciary website here.

Specifically, you can find them under:

“Petition for Writ of Habeas Corpus” (Appendix A – Post-Conviction Habeas Corpus Form)
“Application to Proceed in Forma Pauperis and Affidavit” (Appendix B)

Juvenile Cases

These types of cases are not public records, and all hearings are closed to the public.

Juvenile Abuse and Neglect Proceedings – Cases involving allegations of child abuse or neglect, including the review of voluntary placement agreements.
Juvenile Abuse and Neglect Administrative Proceedings – Proceedings instituted by circuit court administrative order directing the Department of Human Services (DoHS) to investigate and report on suspected child abuse or neglect.
Juvenile Abuse and Neglect Mandamus – Proceedings instituted by the circuit court relating to determinations of whether the Department of Human Services has a mandatory duty to file an abuse and neglect petition.
Juvenile Delinquency Proceedings – Cases involving allegations that a juvenile committed a delinquent offense.
Juvenile Status Offense Proceedings – Cases involving juvenile status offenses, such as truancy, incorrigibility, or running away, which would not be criminal offenses if committed by an adult. Parents or guardians seeking information about filing an incorrigibility petition may contact the Hampshire County Prosecuting Attorney's Office at (304) 822-3567.

Adult Guardianship and/or Conservatorship

Adult Guardianship and or Conservatorship are filed in Circuit Court. Hearings are typically held before the Mental Hygiene Commissioner.

Adult Guardianship Packet

Additional Guardianship Information & Forms

Click a title to access the website or form document

Guardian and Conservator Mandated Education Training

Forms completed and filed after filing/before appointment

Affidavit Certifying Completion of Mandated Education
Oath of Appointment
Designation of Resident Agent by Nonresident Guardian/Conservator (required for guardians and conservators appointed by the court who reside outside West Virginia).

Required Reports

Note: Accounting and Inventory Reports/Forms are only required if appointed Conservator.

Periodic Report of Guardian – Due within 6 months of appointment and annually thereafter by December 31.
Inventory of Conservator – Due within 60 days of appointment.
Accounting of Conservator – Due annually by December 31.

Post-Appointment Petitions

Forms used after the initial appointment of a Guardian and/or Conservator.

Petition for Permission to Resign as Guardian/Conservator
Petition for Removal of Guardian/Conservator (used to remove a current guardian or conservator and appoint a successor)
Petition for Termination, Revocation, or Modification of Guardianship/Conservatorship
Petition for Approval of Compensation for the Guardian/Conservator
Petition for Permission to Sell or Mortgage Real Estate of a Protected Person

Mental Hygiene Forms (Commitment)

These types of cases are not public record. Hearings are typically conducted by the Mental Hygiene Commissioner; however, in some instances, hearings may be held before a County Magistrate.

Forms and Resources

Links below provide access to the Involuntary Commitment Application (for non-incarcerated individuals), the Potomac Highlands Guild website, and additional Commitment Forms provided by the West Virginia Supreme Court of Appeals. Informational videos regarding the Involuntary Commitment process are also available below.

Disclaimer

The Circuit Clerk’s Office serves as the record keeper and cannot provide legal advice or assist in completing forms. Applicants may consult an attorney and/or contact the Potomac Highlands Guild for assistance with completing the application or related forms.

Emergency / After-Hours Assistance

If there is an emergency, please call 911.
For assistance in filing an Application for Involuntary Commitment after 4:00 p.m., please contact Hampshire County Non-Emergency Dispatch at (304) 822-6000 and request the Magistrate on call.

Involuntary Commitment Application

Additional Forms

Potomac Highlands Guild

WV Supreme Court Involuntary Commitment Process

Involuntary Commitment

12:41

Involuntary Commitment Extended Video

18:33

Civil Complaints

These types of cases include, but are not limited to, torts, contract cases, extraordinary writs, condemnation cases, removals from magistrate court, post-conviction habeas corpus proceedings, foreign judgment actions, and appeals from county commissions (unless the county commission is acting in its capacity as the board of equalization and review).

Note: Civil complaints seeking a monetary amount of $20,000 or less should be filed in the Magistrate Court. While the WV Supreme Court does not supply civil complaint forms for the Circuit Court, there are forms available for the Magistrate Court and can be found here by searching "Magistrate Court".

Circuit Court - Additional Forms
Address Update
Certificate of Service
Civil Case Information Statement (Circuit Court)
Financial Affidavit and Application
Payment Plan Application
Sheriff Service of Process Form

Please be advised that there is no notary public available in the Circuit Clerk’s Office or within the Judicial Center.

Individuals needing documents notarized should make arrangements with a qualified notary public prior to arriving at the Judicial Center. Notary services may be available through local banks, public libraries, the Assessor’s Office, or other individuals who are currently licensed or authorized to perform notarial services.

Legal Resources

Disclaimer

The Circuit Clerk’s Office serves as the record keeper and cannot provide legal advice or assist in completing forms. All forms linked on this website are approved for use by the West Virginia Supreme Court of Appeals, Hampshire County Circuit Court, and/or Hampshire County Family Court.

Legal resources provided on this website are made available for informational purposes. The availability of a form or resource does not constitute legal advice or guarantee that it is appropriate for a particular situation. Individuals are encouraged to consult an attorney regarding their specific legal rights and responsibilities.

WV Legal Aid

WV Legal Aid YouTube Videos

Tuesday Legal Connect

Free Legal Answers™ - West Virginia

WV Court Rules

WV Code