When the parties do not consent, the court may, upon application of either, or of its own motion, direct a reference in any equity matter to a referee appointed by the court. The court shall direct a reference to a referee only when caseload and time constraints require such reference, and a referee shall not be appointed to conduct any hearing involving an issue of law and not equity that could result in the exercise of the right to a trial before a jury.
§ 25-1130.Reference by court order; when allowed.
Article 11: Trial · Last amended 2008 · Last verified July 22, 2026
In one sentenceWhen the parties do not agree to a reference, a court may still order an equity matter sent to a court-appointed referee, but only when caseload and time constraints make that necessary, and never for an issue of law that could otherwise go to a jury.
Full Text of § 25-1130
Source
R.S.1867, Code § 299, p. 444; R.S.1913, § 7868; C.S.1922, § 8813; C.S.1929, § 20-1130; R.S.1943, § 25-1130; Laws 2008, LB1014, § 11.
Plain-English Summary
Section 25-1130 gives the court a narrower path to referral than the consent-based reference in section 25-1129. When the parties do not consent, the court may, on either party’s application or on its own motion, direct a reference in any equity matter to a referee the court appoints.
That authority comes with real limits. The court may direct a reference only when caseload and time constraints require it — the statute does not let a judge hand off an equity matter to a referee as a matter of convenience or preference alone; there has to be a genuine need driven by the court’s workload or scheduling pressures.
The statute draws an additional line around the type of issue a referee can handle without the parties’ consent: a referee cannot be appointed to conduct any hearing involving an issue of law, rather than equity, that could result in the exercise of the right to a jury trial. That protects the constitutional right to a jury on legal claims from being sidestepped through an involuntary reference.
Frequently Asked Questions
Can a court order a reference to a referee if the parties do not agree to it?
Yes, but only in an equity matter, and only when caseload and time constraints require the reference, under section 25-1130.
Who can ask for a court-ordered reference?
Either party may apply for it, or the court may direct it on its own motion.
Can a court send a jury-triable legal issue to a referee without the parties’ consent?
No. The statute bars appointing a referee to conduct any hearing involving an issue of law, rather than equity, that could result in the exercise of the right to a jury trial.
What counts as sufficient reason for the court to order a reference?
The statute limits court-ordered reference to situations where caseload and time constraints require it, rather than leaving the decision to general discretion.
How is this different from a reference under section 25-1129?
Section 25-1129 requires the parties’ consent and can cover issues of fact, law, or both. This section applies without consent, is limited to equity matters, and cannot reach jury-triable legal issues.
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: court ordered reference nebraskareferee without party consentequity matter referred to refereecaseload constraints reference statutewhen can court appoint referee