A commissioner in chancery may adjourn his proceedings from time to time, after the day to which notice was given, without any new notice, until his report is completed; and, when it is completed, it may be filed in the clerk's office at any time thereafter. The commissioner may, if it shall appear to him necessary, adjourn such proceedings, to any place within the Commonwealth, and there continue such proceedings and take depositions and other evidence in like manner and with like force and effect as if the same were done in the place where he was appointed, and the commissioner shall have the power to compel the attendance of witnesses before him in the manner prescribed by § 8.01-612.
§ 8.01-614.His power to adjourn his proceedings.
Chapter 23. Commissioners in Chancery · Last amended 1977 · Last verified July 16, 2026
In one sentenceThis section gives a commissioner in chancery broad discretion to adjourn and resume his proceedings without fresh notice once initial notice has been given, including moving proceedings anywhere within Virginia to take depositions with the same legal effect as if held where he was appointed.
Full Text of § 8.01-614
Plain-English Summary
Taking testimony and gathering evidence for a report can stretch across more than one session, and this section frees a commissioner from having to renotice every step of that process. He may adjourn his proceedings from time to time, after the day to which notice was already given, without any new notice, right up until his report is completed — and once it is completed, it may be filed in the clerk's office at any time thereafter.
The commissioner's reach is not confined to where he was appointed. If it appears necessary to him, he may adjourn the proceedings to any place within the Commonwealth and continue them there, taking depositions and other evidence with the same force and effect as if it had all happened in the place of his appointment.
That mobility comes with the same enforcement power he has at home. Wherever the commissioner relocates his proceedings, he retains the power to compel the attendance of witnesses before him in the manner § 8.01-612 prescribes.
Frequently Asked Questions
Does a commissioner need to give new notice each time he adjourns his proceedings?
No, he may adjourn from time to time, after the day to which notice was given, without any new notice, until his report is completed.
When can the commissioner's completed report be filed?
At any time after it is completed, in the clerk's office.
Can the commissioner move his proceedings to a different location?
Yes, if it appears necessary to him, he may adjourn the proceedings to any place within the Commonwealth.
Does evidence taken at that other location carry the same effect as evidence taken where he was appointed?
Yes, with like force and effect as if it had been done in the place where he was appointed.
Can the commissioner still compel witnesses to attend after relocating his proceedings?
Yes, he retains the power to compel their attendance in the manner prescribed by § 8.01-612.
Amendment History
Code 1950, §§ 8-254, 8-255; 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 adjourn proceedings virginiacommissioner take depositions elsewhere in virginia