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§ 8.01-615.When cause heard on report; time for filing exceptions.

Chapter 23. Commissioners in Chancery · Last amended 1982 · Last verified July 16, 2026

In one sentenceThis section lets a court decide a cause based on the commissioner's report after reasonable notice of the hearing to counsel and unrepresented parties, gives litigants ten days after filing to lodge exceptions to the report, and carves out reports from a commissioner appointed to sell property, which the court acts on immediately.

Full Text of § 8.01-615

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A cause may be heard by the court upon a commissioner's report. Subject to the Rules of Court regarding dispensing with notice of taking proofs and other proceedings, reasonable notice of such hearing shall be given to counsel of record and to parties not represented by counsel. Exceptions to the commissioner's report shall be filed within ten days after the report has been filed with the court, or for good cause shown, at a later time specified by the court.
This section shall not apply to the report of a commissioner appointed to sell property; in such cases the report of such commissioner, when filed in the clerk's office, shall be either confirmed, modified, or rejected forthwith.

Plain-English Summary

Once a commissioner in chancery files his report, the case can move toward resolution based on it. This section lets a court hear the cause on the commissioner's report, subject to the Rules of Court on dispensing with notice of taking proofs and other proceedings, but only after reasonable notice of the hearing goes to counsel of record and to any parties who are not represented by counsel.

Parties who disagree with the report get a defined window to say so: exceptions to the commissioner's report must be filed within ten days after the report has been filed with the court, though the court can allow a later filing for good cause shown.

One category of report skips that process entirely. This section does not apply to the report of a commissioner appointed to sell property. Those reports, once filed in the clerk's office, are confirmed, modified, or rejected forthwith — recognizing that a pending property sale often cannot wait out the normal exceptions period.

Frequently Asked Questions

How long do parties have to file exceptions to a commissioner's report?

Ten days after the report has been filed with the court, or a later time for good cause shown.

What notice is required before the court hears the cause on the commissioner's report?

Reasonable notice of the hearing to counsel of record and to parties not represented by counsel.

Does this section's exceptions procedure apply to a commissioner appointed to sell property?

No, this section expressly does not apply to the report of a commissioner appointed to sell property.

What happens to a sale commissioner's report instead?

It is confirmed, modified, or rejected forthwith once filed in the clerk's office.

What governs whether notice of taking proofs can be dispensed with before this hearing?

The Rules of Court.

Amendment History

Code 1950, § 8-257; 1958, c. 67; 1977, c. 617; 1978, c. 237; 1981, c. 500; 1982, c. 339.

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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