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Virginia Code

Va. Code Ann. § 17.1-107 (2026)

Designation of judge to assist regular judge holding case under advisement for unreasonable length of time

✓ current as of May 2026
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A. In any civil action, a judge of a circuit court who fails to act on any matter, claim, motion, or issue that has been submitted to the court for a decision or render a final decision in the action shall report, in writing, to the parties or their counsel on any such matter, claim, motion, issue, or action held under advisement for more than 60 days after such submission stating an expected time of a decision. In any civil action in which a judge fails to report as required by this section or fails to render a decision within the expected time stated in the report, any party or their counsel may notify the Chief Justice of the Supreme Court. Whenever the Chief Justice of the Supreme Court, or any justice designated by him, has reasonable cause to believe that any judge of a court of record may be holding any matter, claim, motion, issue, or case under advisement for an unreasonable length of time, he shall inquire into the cause of such delay, and if he finds it necessary in order to expedite the administration of justice, he shall designate a judge or retired judge of a court of record to assist the regular judge in the performance of his duties.

B. Complaints made hereunder shall be absolutely privileged and the name of the complainant shall not be disclosed without his consent.

1962, c. 285, § 17-7.1; 1973, c. 544; 1998, c. 872; 2008, c. 813; 2014, c. 62.

Notes of Decisions
Cited in 3 cases, 2014–2015 · leading case: Patricia E. Smith, Guardian ad litem for the minor child v. Maggie S. Welch, 764 S.E.2d 284 (Va. Ct. App. 2014).
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Patricia E. Smith, Guardian ad litem for the minor child v. Maggie S. Welch, 764 S.E.2d 284 (Va. Ct. App. 2014). · cites it 2× “1-107, which provides in part that: In any civil action, a judge of a circuit court who fails to act on any matter, claim, motion, or issue that has been submitted to the court for a decision or render a final decision in the action shall report, in writing, to the parties or…”
Bristol Dep't of Soc. Servs. v. Maggie S. Welch (Va. Ct. App. 2014). · cites it 2× “Parties claiming that a judge has unreasonably delayed rendering a decision may seek relief by filing a complaint under Code § 17.1-107, which provides in part that: In any civil action, a judge of a circuit court who fails to act on any matter, claim, motion, or issue that has…”
Hershey Chocolate of Virginia, Inc. v. Augusta Cnty., 92 Va. Cir. 141 (Augusta Cir. Ct. 2015). · cites it 2× “However, I am sensitive to the time requirements of Va. Code Ann. § 17.1-107 , and I know that I am beyond the period allotted.”
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