Virginia Code

Va. Code Ann. § 8.01-607 (2026)

Appointment and removal

✓ current as of May 2026
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A. Each circuit court may, from time to time, appoint such commissioners in chancery as may be deemed necessary for the convenient dispatch of the business of such court. Such commissioners shall be removable at pleasure.

B. Commissioners in chancery may be appointed in cases in circuit court, including uncontested divorce cases, only when:

1. There is agreement by the parties with the concurrence of the court; or

2. Upon (i) motion of a party, or (ii) upon motion of the court, sua sponte. The court shall make a finding of good cause shown in each individual case.

Code 1950, § 8-248; 1977, c. 617; 2005, c. 885.

Notes of Decisions
Cited in 14 cases (3 in the last 5 years), 1988–2025 · leading case: Davis v. Hudgins, 896 F. Supp. 561 (E.D. Va. 1995).
Davis v. Hudgins, 896 F. Supp. 561 (E.D. Va. 1995). · cites it 6× “" Va.Code Ann. § 8.01-607 (Michie 1992). [6] The section states that "[i]n any action or proceeding to enforce a provision of sections 1981, 1982, 1983, 1985, and 1986 of [Title 42] .”
Klein v. Klein, 396 S.E.2d 866 (Va. Ct. App. 1990). · cites it 2× “Code § 8.01-607 authorizes each circuit court to “appoint such commissioners in chancery as may be deemed necessary for the convenient dispatch of the business of the court.”
Haase v. Haase, 460 S.E.2d 585 (Va. Ct. App. 1995). · cites it 2× “See Code § 8.01-607. Accordingly, the manner in which the commissioner requires the parties to produce evidence, calls and examines witnesses, and rules on the admissibility of evidence is entrusted to the commissioner’s discretion “unless otherwise directed by the decree of…”
Heath v. Heath, 568 S.E.2d 408 (Va. Ct. App. 2002). · cites it 2× “; see also Code §§ 8.01-607 and 8.01-615. 10 . Kaufman v.”
Gray v. Binder, 805 S.E.2d 768 (Va. 2017). · cites it 4× “In addition, just as parties can consent to have their cases heard by a mediator or an arbitrator, the parties could likewise consent to have a petition for aid and direction heard by the Commissioner of Accounts. 12 The appellants did not timely raise the question before us,…”
Rahnema v. Mir-Djalali, 742 F. Supp. 296 (E.D. Va. 1990). “Pursuant to § 8.01-607 of the Virginia Code, the state court referred the matter to Commissioner in Chancery E.”
Cartograf USA, Inc. v. Comerica Bank, a Texas Banking Ass'n (Va. Ct. App. 2025). · cites it 2× “Neither Rule 3:23 nor Code §§ 8.01-607 to -619 require the commissioner to collect evidence in a particular way, such as a formal hearing.”
William E. Rogers v. Janet Louise Dudding (Va. Ct. App. 2025). · cites it 2× “With the parties’ agreement, the circuit court referred the matter to a commissioner in chancery under Code § 8.01-607. The commissioner held an ore tenus hearing at which he received documents and testimony from William and Janet.”
Pamella Lucille (Poe) Chavis v. Steven Jerome Chavi (Va. Ct. App. 2004). · cites it 2× “Code § 8.01-607 allows trial courts to “appoint such commissioners in chancery as may be deemed necessary for the convenient dispatch of the business of such court,” and Code § 8.”
Brodrick C. Aratoon v. Cheryl Roberts (Va. Ct. App. 2015). · cites it 2× ““Commissioners in chancery may be appointed in cases in circuit court” upon “agreement by the parties with the concurrence of the court,” or “[u]pon (i) motion of a party, or (ii) upon motion of the court, sua sponte” when the court makes “a finding of good cause.”
Michael R. Agnew v. United Leasing Corp. (Va. Ct. App. 2024). “150, 153 (1930) (noting that commissioners in a partition action “are, for the time being, officers of the court”); Code § 8.01-607(A) (providing for appointment of commissioners “for the convenient dispatch of the business of [the] court”); Code § 8.”
Rebecca Ruth Robinson Dowdy v. Otis L. Dowdy (Va. Ct. App. 1998). · cites it 2× “Code § 8.01-607 authorizes each circuit court to "appoint such commissioners in chancery as may be deemed necessary for the convenient dispatch of the business of the court.”
— Va. Code Ann. § 8.01-607(A) — 1 case
Michael R. Agnew v. United Leasing Corp. (Va. Ct. App. 2024). “150, 153 (1930) (noting that commissioners in a partition action “are, for the time being, officers of the court”); Code § 8.01-607(A) (providing for appointment of commissioners “for the convenient dispatch of the business of [the] court”); Code § 8.”
— Va. Code Ann. § 8.01-607(B) — 1 case
Brodrick C. Aratoon v. Cheryl Roberts (Va. Ct. App. 2015). ““Commissioners in chancery may be appointed in cases in circuit court” upon “agreement by the parties with the concurrence of the court,” or “[u]pon (i) motion of a party, or (ii) upon motion of the court, sua sponte” when the court makes “a finding of good cause.”
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