Clarifying abuse of process

HB 4568 Text

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Key:
Green
= existing Code.
Red
= new code to be enacted

WEST virginia legislature
2026 regular session
ENGROSSED
Committee Substitute
for
House Bill 4568
By Delegates Drennan, Dittman, Moore, Leavitt, Hornby, and Heckert
[Originating in the Committee on the Judiciary; Reported on February 12, 2026]

A BILL to amend and reenact §51-2A-7 of the Code of West Virginia, 1931, as amended; relating to the powers of family court judges; and creating a definition of abuse of process.
Be it enacted by the Legislature of West Virginia:

ARTICLE 2A. FAMILY COURTS.

§51-2A-7. Powers; administrative and judicial functions of family court judge.

(a) The family court judge will exercise any power or authority provided in this article, in chapter
forty-eight

48
of this code or as otherwise provided by general law. Additionally, the family court judge has the authority to:
(1) Manage the business before them;
(2) Summon witnesses and compel their attendance in court;
(3) Exercise reasonable control over discovery;
(4) Compel and supervise the production of evidence, including criminal background investigations when appropriate;
(5) Discipline attorneys;
(6) Prevent abuse of process; and
(7) Correct errors in a record.
(b) The family court judge has responsibility for the supervision and administration of the family court. A family court judge may promulgate local administrative rules governing the conduct and administration of the family court. In family court circuits with more than one family court judge, all family court judges must agree to the rules. If all of the family court judges in a family court circuit cannot agree, the chief judge of each circuit court in the counties in which the family court circuit is located shall promulgate the local administrative rules. If the chief judges of the circuit courts cannot agree, the Supreme Court of Appeals may promulgate the local administrative rules. Local administrative rules are subordinate and subject to the rules of the Supreme Court of Appeals or the orders of the chief justice. Rules promulgated by the family or circuit court are made by order entered upon the order book of the circuit court and are effective when filed with the Clerk of the Supreme Court of Appeals.
(c) Prior to the 2003 regular session of the Legislature and annually thereafter, the Supreme Court of Appeals shall report to the Legislature on the caseload in each family court circuit and shall recommend changes to the management of the family court as the Supreme Court of Appeals deems warranted or necessary to improve the family court.
(d) The Supreme Court of Appeals shall promulgate a procedural rule to establish time-keeping requirements for family court judges, family case coordinators and secretary-clerks of family court judges so as to assure the maximum funding of incentive payments, grants and other funding sources available to the state for the processing of cases filed for the location of absent parents, the establishment of paternity and the establishment, modification and enforcement of child support orders.
(e) For purposes of this section, “abuse of process” includes, but is not limited to, the willful or malicious misuse or misapplication of lawfully issued process to accomplish some purpose not intended or warranted by that process, including, but not limited to, harassment, intimidation or improper influence of a litigant or witness.

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