All or any of the issues in the action, whether of fact or law or both, may be referred to a referee upon the written consent of the parties or upon their oral consent in court entered upon the record.
§ 25-1129.Reference by consent; when allowed.
Article 11: Trial · Last amended 2018 · Last verified July 22, 2026
In one sentenceThis section lets the parties in a civil case send any or all of the factual or legal issues to a referee for decision, as long as they consent to it either in writing or by oral statement in court entered on the record.
Full Text of § 25-1129
Source
R.S.1867, Code § 298, p. 444; R.S.1913, § 7867; C.S.1922, § 8812; C.S.1929, § 20-1129; R.S.1943, § 25-1129; Laws 2008, LB1014, § 10; Laws 2018, LB193, § 15.
Plain-English Summary
A referee is a person appointed to stand in for the judge on some or all of a case, hearing evidence and reaching conclusions the way the court otherwise would. Section 25-1129 opens the door to that arrangement when the parties agree to it. All or any of the issues in the action — whether of fact, of law, or both — may be referred to a referee upon the parties’ consent.
The statute recognizes two ways to give that consent: a written consent signed by the parties, or an oral consent stated in court and entered upon the record. Either form works, so long as it is documented in a way that shows the parties agreed to hand the issue over to a referee rather than having the court or a jury decide it directly.
This consent-based referral is distinct from the court-ordered referral described in section 25-1130, which applies only when the parties do not agree and is limited to equity matters. Once a matter is referred under either section, the referee’s trial of it proceeds under the procedure set out in section 25-1131.
Frequently Asked Questions
Can the parties agree to have a referee decide their case instead of a judge?
Yes. Section 25-1129 allows all or any of the issues, whether of fact or law or both, to be referred to a referee upon the parties’ consent.
How do the parties give consent to a reference under this section?
Either by written consent or by oral consent stated in court and entered upon the record.
What is a referee?
A referee is a person appointed to hear evidence and decide issues in place of the judge, for the specific matter referred.
Does this section cover only factual issues, or legal issues too?
Both. The statute allows reference of issues of fact, issues of law, or both together.
What is the difference between this section and section 25-1130?
This section covers reference by the parties’ consent; section 25-1130 covers reference ordered by the court when the parties do not consent, and is limited to equity matters.
Once issues are referred to a referee, what procedure applies?
Section 25-1131 governs how a trial before a referee is conducted, including the referee’s powers and how findings must be stated.
Source & verification. Section text and the amendment-history citation are
reproduced verbatim from the Nebraska Legislature, Revisor of Statutes, enacted by the
Nebraska Legislature. Last verified July 22, 2026. ·
Official source
Also known as: reference to referee by consent nebraskawhat is a court refereesending case to refereeconsent reference civil casereferee instead of judge