VA · rules

Va. Sup. Ct. R. 3:23

Use of and Proceedings Before a Commissioner in Chancery

activein force · 2021-03-01 – presentact-effective-date

(a) 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

concurrence of the court or (2) upon motion of a party or the court on its own motion

with a finding of good cause shown in each individual case.

(b) Upon entry of a decree by the court referring any matter to a commissioner in

chancery, the clerk must mail or deliver to the commissioner a copy of the decree of

reference. Unless the decree prescribes otherwise, the commissioner must promptly set a

time and place for the first meeting of the parties or their attorneys, and must notify the

parties or their attorneys of the time and place so set. It is the duty of the commissioner to

proceed with all reasonable diligence to execute the decree of reference.

embraced in the decree of reference including the production of all books, papers,

vouchers, documents and writings applicable thereto. The commissioner has the authority

to call witnesses or the parties to the action to testify and may examine them upon oath.

The commissioner may rule upon the admissibility of evidence unless otherwise directed

by the decree of reference; but when a party so requests, the commissioner must cause a

record to be made of all proffered evidence which is excluded by the commissioner as

inadmissible.

(d) The commissioner must prepare a report stating his findings of fact and

conclusions of law with respect to the matters submitted by the decree of reference. The

commissioner must file the report, together with all exhibits admitted in evidence and a

transcript of the proceedings and of the testimony, with the clerk of the court. In an

Electronically Filed Case, filing as required in this Rule must be in accord with the

requirements of Rule 1:17. The commissioner must mail or deliver to counsel of record

and to parties not represented by counsel, using the last address shown in the record,

written notice of the filing of the report. Provided, however, that in divorce cases a copy

of the report must accompany the notice. Provided, further, that no such notice or copy

will be given parties who have not appeared in the proceeding.

History

Last amended by Order dated November 23, 2020; effective March 1, 2021.

Provenance

Source: www.vacourts.gov
Retrieved: 2026-09-15
Edition: 2026-09-15
Content hash: f50c004233a129848fae1ed6dfeb6da07fd93cf1d5465d54bb9a6008bd5044c7

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