A cause may be heard by the court upon a commissioner's report. Subject to the Rules of Court regarding dispensing with notice of taking proofs and other proceedings, reasonable notice of such hearing shall be given to counsel of record and to parties not represented by counsel. Exceptions to the commissioner's report shall be filed within ten days after the report has been filed with the court, or for good cause shown, at a later time specified by the court.
This section shall not apply to the report of a commissioner appointed to sell property; in such cases the report of such commissioner, when filed in the clerk's office, shall be either confirmed, modified, or rejected forthwith.
Code 1950, § 8-257; 1958, c. 67; 1977, c. 617; 1978, c. 237; 1981, c. 500; 1982, c. 339.
Notes of Decisions
Cited in
22
cases (
2 in the last 5 years), 1979–2025 · leading case:
Shepherd v. Davis, 574 S.E.2d 514 (Va. 2003).
Shepherd v. Davis, 574 S.E.2d 514 (Va. 2003).
· cites it 2× “However, the Davises did not file the “Special Exception” until May 7, 2001.”
Dodge v. Dodge, 343 S.E.2d 363 (Va. Ct. App. 1986).
· cites it 2× “DESERTION The appellant failed to take exception to that portion of the commissioner’s report which recommended that a divorce be granted to wife on the ground of husband’s willful desertion as required by Code § 8.01-615. On appeal, objection comes too late.”
Klein v. Klein, 396 S.E.2d 866 (Va. Ct. App. 1990).
· cites it 2× “Code § 8.01-615. We find it entirely compatible with the practice and statutory law of the Commonwealth for a court to refer questions regarding the circumstances and factors which contributed to the dissolution of the marriage to a commissioner in chancery.”
Heath v. Heath, 568 S.E.2d 408 (Va. Ct. App. 2002).
· cites it 4× “shall be entered or if previously entered whether such order shall be modified or vacated,’ ” is also without merit and demonstrates an obvious misinterpretation of the statute.”
Lannon v. Lee Conner Realty Corp., 385 S.E.2d 380 (Va. 1989).
· cites it 2× “” Code § 8.01-615. Conner filed exceptions within the ten-day period and the chancellor set them for argument on December 5, 1986.”
Winters v. Rosillo, 14 Va. Cir. 348 (Chesterfield Cir. Ct. 1989).
· cites it 6× “Section 8.01-615 of the Virginia Code provides in part that: Exceptions to the Commissioner’s report shall be filed within ten days after the report has been filed with the court, or for good cause shown, at a later time specified by the court.”
Ricky Wayne Thompson v. Tanya Brooks Thompson, No. 0194073 (Va. Ct. App. Feb. 5, 2008).
· cites it 8× “Husband did not file objections to the report until March 13, 2006, more than ten days after the filing of the report, in violation of Code § 8.01-615, and did not request an extension of time to file.”
Greenwood Estates Ass'n v. King & Evans, 15 Va. Cir. 199 (Spotsylvania Cir. Ct. 1988).
· cites it 3× “Virginia Code § 8.01-615 provides that exceptions to the report of a commissioner in chancery shall be filed within ten days after the report has been filed.”
Pamella Lucille (Poe) Chavis v. Steven Jerome Chavi, No. 2651031 (Va. Ct. App. Feb. 24, 2004).
· cites it 4× “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 § 8.01-615 provides that “[a] cause may be heard by the court upon a commissioner’s report.”
Tamena Wilson v. Antoine Wilson, No. 2724011 (Va. Ct. App. Apr. 16, 2002).
· cites it 4× “Citing Code § 8.01-615, wife argues the trial court did not provide her with reasonable notice of the exceptions hearing.”
George Bailey, Jr. v. A. Delores Bailey, No. 0003254 (Va. Ct. App. Dec. 30, 2025).
· cites it 2× “Under Code § 8.01-615, George had to file exceptions within 10 days of the initial report unless good cause is shown.”
A. Delores Bailey v. George Bailey, Jr., No. 0186254 (Va. Ct. App. Dec. 30, 2025).
· cites it 2× “Under Code § 8.01-615, George had to file exceptions within 10 days of the initial report unless good cause is shown.”
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