A commissioner, who has doubts as to any point which arises before him, may, in writing, submit the point to the court, who may instruct him thereon.
§ 8.01-613.Commissioner may ask instructions of court.
Chapter 23. Commissioners in Chancery · Last amended 1977 · Last verified July 16, 2026
In one sentenceThis section lets a commissioner in chancery who is uncertain about a point that comes up during his proceedings submit that question in writing to the court, which may then instruct him on how to proceed.
Full Text of § 8.01-613
Plain-English Summary
A commissioner examining evidence or taking accounts will not always find the answer clear. This section gives him a way to check with the court rather than guess: a commissioner who has doubts as to any point which arises before him may submit the point, in writing, to the court.
Once the commissioner submits his written question, the court may instruct him on it — resolving the uncertainty so the commissioner's proceedings and eventual report rest on solid ground rather than his own unreviewed judgment call on a doubtful point.
Frequently Asked Questions
What can a commissioner in chancery do if he is uncertain about a point that arises before him?
Submit the point, in writing, to the court.
Must the commissioner's submission to the court be in writing?
Yes.
What does the court do after receiving the commissioner's submission?
It may instruct him on the point.
Is this option limited to legal questions?
The section refers broadly to any point which arises before the commissioner, without limiting it to legal questions.
Who initiates this process, the commissioner or the court?
The commissioner, by submitting his doubt to the court.
Amendment History
Code 1950, § 8-253; 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
Also known as: commissioner in chancery asks court for instructions virginiavirginia commissioner submits question to court