The trial before referees is conducted in the same manner as a trial by the court. They have the same power to summon and enforce the attendance of witnesses, to administer all necessary oaths in the trial of the case, and to grant adjournments, as the court upon such trial. They must state the facts found and the conclusions of law, separately, and their decision must be given, and may be excepted to and reviewed in like manner. The report of the referees upon the whole issue stands as the decision of the court, and judgment may be entered thereon in the same manner as if the action had been tried by the court. When the reference is to report the facts, the report has the effect of a special verdict.
§ 25-1131.Trial by referee; procedure; findings of fact; conclusions of law; effect.
Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section governs how a trial before a referee works: it runs like a bench trial, gives the referee power to summon witnesses, requires separate findings of fact and conclusions of law, and makes the report stand as the court’s decision.
Full Text of § 25-1131
Source
R.S.1867, Code § 300, p. 445; R.S.1913, § 7869; C.S.1922, § 8814; C.S.1929, § 20-1131; R.S.1943, § 25-1131.
Plain-English Summary
Once issues are referred to a referee, section 25-1131 sets the rules for how that trial runs. The trial before referees is conducted the same way as a trial by the court, and referees have the same power the court would have on such a trial: to summon and enforce the attendance of witnesses, to administer all necessary oaths, and to grant adjournments.
Referees must state their conclusions the way the court would under section 25-1127 — the facts found and the conclusions of law, stated separately. That decision may be excepted to and reviewed in the same manner a court’s decision would be, which is why section 25-1134 requires referees to sign any true exceptions taken to their rulings and forward them with the report.
The referee’s report carries real weight once filed. On the whole issue, it stands as the decision of the court, and a judgment may be entered on it exactly as if the court itself had tried the case. There is one more wrinkle for a narrower type of reference: when the reference is only to report the facts, rather than to decide the whole matter, the referee’s report has the effect of a special verdict — the same type of factual-only finding described in section 25-1122, which the court then applies the law to.
Frequently Asked Questions
Does a trial before a referee follow the same procedure as a trial by the court?
Yes. Section 25-1131 states that the trial before referees is conducted in the same manner as a trial by the court.
Can a referee make witnesses show up and testify?
Yes. Referees have the same power as the court to summon and enforce the attendance of witnesses, and to administer necessary oaths, in the trial of the case.
Does a referee have to separate factual findings from legal conclusions?
Yes. The referees must state the facts found and the conclusions of law separately, the same requirement section 25-1127 imposes on a court in a bench trial.
What happens to the case after the referee finishes?
The referee’s report on the whole issue stands as the decision of the court, and judgment may be entered on it in the same manner as if the court itself had tried the case.
What if the referee was only asked to report the facts, not decide the whole case?
When the reference is to report the facts, the report has the effect of a special verdict, meaning the court still applies the law to the facts the referee found.
Can a party challenge a referee’s decision?
Yes. The referee’s decision may be excepted to and reviewed in like manner as a court’s decision in a bench trial.
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: trial before referee procedure nebraskareferee report effect of special verdictreferee power to summon witnessesreferee findings of fact conclusions of lawreferee decision stands as court decision