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.
§ 8.01-607.Appointment and removal.
Chapter 23. Commissioners in Chancery · Last amended 2005 · Last verified July 16, 2026
In one sentenceThis section empowers circuit courts to appoint commissioners in chancery — officers who examine and report on matters the court refers to them — for convenient handling of the court's business, but limits appointments, including in uncontested divorces, to cases with party agreement or a court finding of good cause.
Full Text of § 8.01-607
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.
Plain-English Summary
A circuit court juggling contested accountings, evidence-heavy disputes, and other time-consuming fact work cannot always handle every detail itself. This section lets each circuit court appoint commissioners in chancery — officers of the court who take on that detailed work — as may be deemed necessary for the convenient dispatch of the court's business, and lets the court remove them at its pleasure.
Because reliance on a commissioner substitutes the commissioner's fact-gathering for the judge's own direct handling of the evidence, this section keeps appointments from becoming routine. Commissioners in chancery, including in uncontested divorce cases, may be appointed only when the parties agree with the court's concurrence, or when a party moves for the appointment, or the court raises it on its own motion, with the court making a finding of good cause shown in that individual case.
Frequently Asked Questions
Who appoints commissioners in chancery in Virginia?
Each circuit court, as it deems necessary for the convenient dispatch of the court's business.
Can a commissioner in chancery be removed at any time?
Yes, commissioners are removable at the court's pleasure.
Can a commissioner in chancery be appointed in an uncontested divorce case?
Yes, but only under the same limited circumstances that govern any circuit court case under this section.
Under what two circumstances may a commissioner in chancery be appointed?
Either by agreement of the parties with the concurrence of the court, or upon motion of a party or of the court itself, with a finding of good cause shown.
Does the court have to explain why it appointed a commissioner on its own motion?
Yes, when appointment is by motion of a party or the court, the court must make a finding of good cause shown in that individual case.
Amendment History
Code 1950, § 8-248; 1977, c. 617; 2005, c. 885.
Source & verification. Section text and amendment history are
reproduced verbatim from the Code of Virginia, published by the
Code of Virginia, Virginia Division of Legislative Automated Systems. Last verified July 16, 2026.
· Official source
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