The common law governs a claim of privilege unless any of the following provides otherwise:
(a) the United States Constitution;
(b) the West Virginia Constitution;
(c) rules prescribed by the Supreme Court of Appeals of West Virginia;
(d) West Virginia statutes.
COMMENT ON RULE 501
Rule 501 is patterned after its federal counterpart, with modifications designed to make the rule applicable to West Virginia. The revised rule is substantively the same as the current state rule.