The clerk of a court shall, upon the request of any commissioner in chancery who has before him for execution an order made in such action, deliver to him the original papers thereof; and it shall not be necessary for the clerk to copy such papers, nor shall he charge any fee for copies of any of them, unless the same be specially ordered. The commissioner to whom such papers may be delivered, shall give his receipt therefor, and return the papers as speedily as possible to the office of the clerk of the court.
§ 8.01-616.Delivery of original papers of suit by clerk to commissioner.
Chapter 23. Commissioners in Chancery · Last amended 1977 · Last verified July 16, 2026
In one sentenceThis section requires the clerk to hand over the original case papers to a commissioner in chancery who is executing a referred order, without charging copying fees unless specially ordered, while obligating the commissioner to give a receipt and return the papers to the clerk's office as promptly as possible.
Full Text of § 8.01-616
Plain-English Summary
A commissioner carrying out an order referred to him often needs the actual case file, not a summary of it. This section requires the clerk of a court, upon a commissioner's request, to deliver the original papers of the action when the commissioner has an order before him for execution.
The clerk does not have to copy anything for the commissioner's benefit, and the section bars charging any fee for copies of the papers unless specially ordered. In exchange for that access, the commissioner who receives the papers must give his receipt for them, and return them as speedily as possible to the clerk's office once he is done.
Frequently Asked Questions
What must the clerk provide upon a commissioner's request?
The original papers of the suit connected to the order the commissioner has before him for execution.
Does the clerk have to make copies for the commissioner?
No, it is not necessary for the clerk to copy the papers, and he may not charge a fee for copies unless specially ordered.
What must the commissioner do upon receiving the original papers?
Give his receipt for them.
When must the commissioner return the papers to the clerk's office?
As speedily as possible.
What triggers the clerk's duty to deliver the papers in the first place?
A request by a commissioner in chancery who has before him for execution an order made in the action.
Amendment History
Code 1950, § 8-258; 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: clerk delivers papers to commissioner virginiacommissioner in chancery original court papers virginia