§ 25-1134.Trial by referee; exceptions; report.
Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
Full Text of § 25-1134
Source
R.S.1867, Code § 303, p. 445; R.S.1913, § 7872; C.S.1922, § 8817; C.S.1929, § 20-1134; R.S.1943, § 25-1134.
Plain-English Summary
Section 25-1134 handles a small but necessary piece of housekeeping in a referee proceeding: preserving a party’s objections for the court to review. It is the duty of the referees to sign any true exceptions taken to any order or decision they make in the case.
An exception, in this context, is a party’s formal objection to something the referee ruled or decided along the way. By requiring the referee to sign it, the statute creates a verified record that the objection was raised and to what it was directed, rather than leaving it to later dispute or reconstruction.
Once signed, those exceptions do not stay with the referee. The statute requires the referee to return them, together with the report, to the court that made the reference. That step ties directly to section 25-1131, which allows a referee’s decision to be excepted to and reviewed in the same manner a court’s decision would be — the signed exceptions this section requires are what makes that review possible.
Frequently Asked Questions
What is a referee required to do when a party takes exception to one of the referee’s decisions?
Section 25-1134 makes it the referee’s duty to sign any true exceptions taken to any order or decision the referee made in the case.
What happens to the signed exceptions after the referee signs them?
The referee must return them, together with the report, to the court that made the reference.
Why does it matter that the referee signs the exceptions?
The signature creates a verified record of the objection, which the referring court can then use to review the referee’s order or decision.
Does this section apply only to exceptions about the referee’s final report, or to rulings made along the way?
It covers exceptions to any order or decision the referee makes in the case, not only the final report.
How does this section connect to a party’s ability to challenge a referee’s ruling?
Section 25-1131 allows a referee’s decision to be excepted to and reviewed like a court’s decision; this section supplies the mechanism for preserving and forwarding those exceptions to the referring court.