Hardy County Circuit Clerk

Phone: (304) 530-0230

Fax: (304) 530-0231

Office Hours: 8:30 am to 4:00 pm, Monday through Friday

Mary Brennskag

Debbie Hines

The Honorable Judge H. Charles Carl III

The Honorable Judge John H Treadway Jr.

The Clerk of the Circuit Court is a full-time elective office as authorized by Article 8, Section 9 of the West Virginia Constitution. Circuit Clerks are elected for a period of six years and their duties, responsibilities and compensation are set by statute. The Circuit Clerk is an officer within the Judicial System and is the registrar, recorder and custodian of all pleadings and documents in the Circuit and Family Courts. The Clerk is also responsible for the administration and management of Jury System within their county.

The Clerk prepares monthly financial reports, distributes fees collected to various state and local agencies and submits all statistical reports to the West Virginia Supreme Court of Appeals, Because the Clerk works with all the entities and agencies that comprise the justice system, communication and cooperation are essential. The Circuit Clerk’s Office provides procedural assistance and information to pro se litigants.

Application to Proceed In Forma Pauperis (Appendix B)

Civil Case Information Statement

Domestic Violence Forms

Family Court Forms

Fee Waiver Forms-for use in Magistrate, Circuit and Family Court

Forms for Expungement of Criminal Records

Infant Guardianship Forms

Mental Hygiene: Conservator/Guardian Forms

Post Conviction Habeas Corpus Form (Appendix A)

We accept passport applications Monday through Friday from 9:00 am to 3:00 pm by appointment only.

In your county, applications for a passport and/or passport card may be made in the Office of the Circuit Clerk.

You will need:

• A completed passport application
• Proof of US Citizenship, either in the form of an old passport or a certified/raised seal copy of your Birth Certificate (cannot be laminated)
• Driver’s license or government issued photo ID
• One recent passport photograph
• The required fees.

Passport Cards can only be used for land and sea travel, for air travel you must have a passport book.

Passports generally take four (4) to six (6) weeks to process; if you need your passport sooner (within 2 to 3 weeks) then you will also need to include the Expedite Fee of $60.00 with your check or money order to the US Department of State. You can also have your passport returned to you by overnight delivery service for an additional fee of $22.05

Photograph requirements are listed on the back of the application. Note: Our office does not take passport photos. Applications for passports are available in the Office of the Circuit Clerk or online at www.travel.state.gov. If you have special concerns or requirements regarding your passport, please visit the US Department of State website to ensure you have all proper documentation.

We are an Acceptance Agent only, passports and birth certificates are mailed directly to you from the Department of State.

Passport Fees
Please note two separate fees are required.

Age 16 and Over:
$130.00 check or money order payable to the US Department of State for a passport book
$30.00 check or money order payable to the US Department of State for a passport card
$35.00 cash, money order or credit card to the Circuit Clerk for processing the application

Under Age 16:
$100.00 check or money order payable to the US Department of State for a passport book
$15.00 check or money order payable to the US Department of State for a passport card
$35.00 cash, money order or credit card to the Circuit Clerk for processing the application

Both parents as well as the child must be present to sign when the application is processed. If one parent is unable to be present, a notarized consent form must be signed and attached to the application. If the absent parent is unable to sign the consent form, evidence of sole legal custody of the child is required.

 
All persons applying for a passport must be present (including children) to apply.

Passport Links
Download the application for a U.S. Passport
Download the U.S. passport renewal form
Other passport information from the U.S. state website

Grand Jury
The Grand Jury consists of sixteen (16) members and meets the 1st Tuesday of each term of court (February, June and October). The main duty of the Grand Jury is to hear criminal cases presented by the Prosecuting Attorney and decide if there is probable cause. It is not their duty however, to decide the guilt or innocence of an individual.

Petit Jury
A Petit Jury in criminal cases determines guilt or innocence. A guilty finding must be by unanimous vote. Twelve (12) people are impaneled to sit on a criminal trial.
A Petit Jury in civil cases decides between a plaintiff and defendant as to disagreements that have arisen between parties. They must also be unanimous in their decision. Six (6) people are impaneled to sit on a civil trial.

Petit Jury duty in the circuit clerk in the past has usually involved possible service during a period of one hundred twenty (120) days. Court is never held on Sunday and, unless extraordinary circumstances require, Court is not held on Saturday. Generally, Petit Jurors serve Monday through Friday.

Circuit Clerk Role
The Circuit Clerk is responsible for the administration and management of the Jury System and provides jury panels for Circuit, Magistrate and Municipal Courts. The Clerk creates the master list of prospective jurors, randomly selects panels for attendance, qualifies and summons the jurors and monitors attendance and mileage for reimbursement purposes.

The Circuit Clerk is authorized by statute to collect various fees, fines and costs. All monies are deposited into the county treasury for subsequent disbursement to the appropriate county or state agency or, as in the case of bonds or restitution, disbursed directly to the appropriate individual.

Civil Division

• General Civil Case - $200.00 Plus $15.00 for each defendant
• Medical Professional Liability Action - $280.00
• Administrative Appeal - $200.00
• Foreign Judgment - $200.00
• Habeas Corpus - $200.00

Domestic Division

• Divorce - $135.00
• Child Custody and Support - $200.00
• Separate Maintenance/Spousal Support - $200.00
• Paternity - $200.00
• Modification - $85.00
• Guardianship/Conservatorship - $110.00
• Family Infant Guardianship - $200.00
• Circuit Infant Guardianship - $200.00
• Adoption - $200.00
• Parent Education Class - $25.00
• Duplicate Recording - $5.00 (for each CD requested)
• Contempt (no filing fee)
• Uresa/Foreign Support Order (no filing fee)

Criminal Division

• Civil Appeals or Removals from Magistrate Court - $200.00
• Petitions- $200.00
• Expungement - $200.00
• Name Change - $200.00
• Criminal Appeal from City Court, bond will be collected by the City and forwarded to the Clerk’s Office
• Mental Hygiene (no fee)

Service Fees

• Personal Service by the Sheriff - $30.00
• Service by Certified Mail/Restricted Delivery - $20.00
• Service by Secretary of State - $25.00 ($20.00 to Secretary of State and $5.00 to Clerk)
• Publication (note: when a party serves a defendant by publication, the party pays the newspaper directly unless the party has an approved fee waiver)

Individuals may elect to use private service companies for service. Fees and Costs are not collected from persons with approved fee waivers

General Fees

• Photocopies - $1.00 per page
• Subpoena - $.50
• Abstract of Judgment - $5.00
• Writ of Execution - $25.00
• Writ of Possession - $25.00

For all other Post Judgment Executions, please call our office for fee amounts

All fees are subject to change without notice.