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West Virginia · Through as of 2026-08-03; contains at least the enactments of the 2026 Regular Session · Newer source version available

W. Va. Code § 48-1-301: RELATING TO DOMESTIC RELATIONS.

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Where this section sits in the code
  1. CHAPTER 48. DOMESTIC RELATIONS.
  2. ARTICLE 1. GENERAL PROVISIONS; DEFINITIONS.
  3. PART III. MISCELLANEOUS PROVISIONS

§48-1-301. Communications between clergy and party.

(a) A party to a domestic relations action cannot compel a member of the clergy to testify regarding any communications or statements made to the member of the clergy in his or her capacity as spiritual counselor or spiritual adviser by a party to the action, if the following conditions exist:

(1) Both the clergy and the party making such communications or statements claim that the communications or statements were made to the clergy in his capacity as a clergy and spiritual counselor or spiritual adviser to such party;

(2) No person, other than a member of the clergy, a party and the spouse of the party, was present when such communications or statements were made; and

(3) The party making such communications or statements does not either consent to their disclosure or otherwise waive the privilege granted by this section.

(b) The privilege granted by this section shall be in addition to and not in derogation of any other privileges recognized by law.

Collected 2026-09-06T00:30:19Z. Source file · JSON

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