A commissioner in chancery, to whom has been referred any matter, may compel the attendance of all needed witnesses by summons. A summonsed witness who fails to attend shall be reported to the court for appropriate contempt proceedings.
§ 8.01-612.Commissioner may summons witnesses.
Chapter 23. Commissioners in Chancery · Last amended 1977 · Last verified July 16, 2026
In one sentenceThis section gives a commissioner in chancery the power to summon witnesses needed for a matter referred to him and requires him to report any witness who ignores the summons to the court for contempt proceedings.
Full Text of § 8.01-612
Plain-English Summary
Examining and reporting on a referred matter, as § 8.01-609 requires, is only useful if the commissioner can gather the testimony he needs. This section gives him that power: a commissioner in chancery to whom any matter has been referred may compel the attendance of all needed witnesses by summons.
The commissioner cannot punish noncompliance himself. A summoned witness who fails to attend is instead reported to the court, which handles the matter through appropriate contempt proceedings — keeping the power to compel obedience with the court while giving the commissioner the tool to summon witnesses in the first place.
Frequently Asked Questions
Can a commissioner in chancery compel witnesses to appear before him?
Yes, he may compel the attendance of all needed witnesses by summons.
What happens if a summoned witness fails to attend?
The failure is reported to the court for appropriate contempt proceedings.
Who decides whether a nonattending witness is held in contempt?
The court, not the commissioner.
Does this summons power apply to any matter referred to the commissioner?
Yes, to any matter that has been referred to him.
Where else does this summons power apply in this chapter?
Section 8.01-614 gives the commissioner the same summons power over witnesses even when he adjourns proceedings to another location.
Amendment History
Code 1950, § 8-252; 1977, c. 617.
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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