Virginia Code

Va. Code Ann. § 8.01-610 (2026)

Weight to be given commissioner's report

✓ current as of May 2026

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The report of a commissioner in chancery shall not have the weight given to the verdict of a jury on conflicting evidence, but the court shall confirm or reject such report in whole or in part, according to the view which it entertains of the law and the evidence.

Code 1950, § 8-250; 1977, c. 617.

Notes of Decisions

Cited in 108 cases (6 in the last 5 years), 1982–2026 · leading case: Graves v. Graves, 357 S.E.2d 554 (Va. Ct. App. 1987).

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Graves v. Graves, 357 S.E.2d 554 (Va. Ct. App. 1987). · cites it 4× “We review the trial court’s decision in accordance with Code § 8.01-610, which explains the weight that the trial court should give a commissioner’s report.”

Morrill v. Morrill, 613 S.E.2d 821 (Va. Ct. App. 2005). · cites it 12× “" The Fairfax County Circuit Court general order directs commissioners in chancery to answer whether the grounds of divorce alleged in the pleadings were proven.”

Wagner v. Wagner, 358 S.E.2d 407 (Va. Ct. App. 1987). · cites it 8× “Code § 8.01-610; Hill v. Hill, 227 Va. 569, 576-77 , 318 S.”

Morrill v. Morrill, 600 S.E.2d 911 (Va. Ct. App. 2004). · cites it 16× “01-610 provides: "The report of a commissioner in chancery shall not have the weight given to the verdict of a jury on conflicting evidence, but the court shall confirm or reject such report in whole or in part, according to the view which it entertains of the law and the…”

Joynes v. Payne, 551 S.E.2d 10 (Va. Ct. App. 2001). · cites it 2× “Custody We first note that: [wjhile the report of a commissioner in chancery does not carry the weight of a jury’s verdict, Code § 8.01-610, it should be sustained unless the trial court concludes that the commissioner’s findings are not supported by the evidence.”

Gulfstream Bldg. Assocs., Inc. v. Britt, 387 S.E.2d 488 (Va. 1990). · cites it 6× “The Brinkleys respond that, under Code § 8.01-610, the trial court was not required to accept every finding of the commissioner in chancery.”

Hill v. Hill, 318 S.E.2d 292 (Va. 1984). · cites it 2× “As noted above, the commissioner in chancery took evidence at ten hearings. The record is transcribed in ten volumes.”

Dodge v. Dodge, 343 S.E.2d 363 (Va. Ct. App. 1986). · cites it 2× “While the report of a commissioner in chancery does not carry the weight of a jury’s verdict, Code § 8.01-610, it should be sustained unless the trial court concludes that the commissioner’s findings are not supported by the evidence.”

W. Pettus Gilman v. Judith Cochrane Gilman, 526 S.E.2d 763 (Va. Ct. App. 2000). · cites it 2× “Although the report of a commissioner in chancery does not carry the weight of a jury’s verdict, see Code § 8.01-610, “ ‘an appellate court must give due regard to the commissioner’s ability, not shared by the chancellor, to see, hear, and evaluate the witnesses at first hand.”

Hodges v. Hodges, 347 S.E.2d 134 (Va. Ct. App. 1986). · cites it 2× ““While the report of a commissioner in chancery does not carry the weight of a jury’s verdict, Code § 8.01-610, it should be sustained unless the trial court concludes that the commissioner’s findings are not supported by the evidence.”

Kaufman v. Kaufman, 375 S.E.2d 374 (Va. Ct. App. 1988). · cites it 2× “Code § 8.01-610; see also Lawrence, 212 Va.”

Jacobsen v. Jacobsen, 586 S.E.2d 896 (Va. Ct. App. 2003). · cites it 2× “Although the report of a commissioner in chancery does not carry the weight of a jury’s verdict, see Code § 8.01-610, “ ‘an appellate court must give due regard to the commissioner’s ability, not shared by the chancellor, to see, hear, and evaluate the witnesses at first hand.”

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