(a) Commissioners in chancery may be appointed in cases in circuit court, including uncontested divorce cases, only when (1) there is agreement by the parties with concurrence of the court or (2) upon motion of a party or the court on its own motion with a finding of good cause shown in each individual case.(b) Upon entry of a decree by the court referring any matter to a commissioner in chancery, the clerk must mail or deliver to the commissioner a copy of the decree of reference. Unless the decree prescribes otherwise, the commissioner must promptly set a time and place for the first meeting of the parties or their attorneys, and must notify the parties or their attorneys of the time and place so set. It is the duty of the commissioner to proceed with all reasonable diligence to execute the decree of reference.(c) A commissioner may require the production of evidence upon all matters embraced in the decree of reference including the production of all books, papers, vouchers, documents and writings applicable thereto. The commissioner has the authority to call witnesses or the parties to the action to testify and may examine them upon oath. The commissioner may rule upon the admissibility of evidence unless otherwise directed by the decree of reference; but when a party so requests, the commissioner must cause a record to be made of all proffered evidence which is excluded by the commissioner as inadmissible.(d) The commissioner must prepare a report stating his findings of fact and conclusions of law with respect to the matters submitted by the decree of reference. The commissioner must file the report, together with all exhibits admitted in evidence and a transcript of the proceedings and of the testimony, with the clerk of the court. In an Electronically Filed Case, filing as required in this Rule must be in accord with the requirements of Rule 1:17. The commissioner must mail or deliver to counsel of record and to parties not represented by counsel, using the last address shown in the record, written notice of the filing of the report. Provided, however, that in divorce cases a copy of the report must accompany the notice. Provided, further, that no such notice or copy will be given parties who have not appeared in the proceeding.
Va. Sup. Ct. 3:23
Amended by order dated June 14, 2005, effective January 1, 2006; amended by order dated August 29, 2005, effective January 1, 2006; amended by Order dated March 1, 2011; effective May 2, 2011; amended by order dated March 1, 2011, effective May 2, 2011; amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.
