A judge in vacation, upon the written consent of the parties, may make any order of reference which the court, of which he is a member, could make in term time. In such case, the order of reference shall be made on the written agreement of the parties to refer, and shall be filed with the clerk of the court with the other papers in the case.
§ 25-1135.Reference in vacation; written consent required.
Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
In one sentenceA judge who is not in a court session may still order a reference to a referee if the parties give their written consent, and that order must rest on the parties’ written agreement and be filed with the clerk along with the rest of the case papers.
Full Text of § 25-1135
Source
R.S.1867, Code § 304, p. 445; R.S.1913, § 7873; C.S.1922, § 8818; C.S.1929, § 20-1135; R.S.1943, § 25-1135.
Plain-English Summary
Section 25-1135 extends the referral power to a judge acting outside a formal court term. A judge in vacation, upon the written consent of the parties, may make any order of reference that the court itself could make in term time. Court business does not stop just because the calendar shows the court is not in session.
The statute ties this vacation-time authority to a specific formality: written consent. The order of reference in that setting must be made on the written agreement of the parties to refer, not an informal or oral understanding. That written agreement then gets filed with the clerk of the court, along with the other papers in the case, keeping the reference part of the official record just as it would be if made during a regular term.
This section works alongside section 25-1129’s general rule that parties may consent to a reference in writing or orally on the record — the vacation setting narrows that choice to the written form, since there is no in-session proceeding available to make an oral record.
Frequently Asked Questions
Can a judge order a reference to a referee outside of a formal court term?
Yes. Section 25-1135 allows a judge in vacation, with the parties’ written consent, to make any order of reference that the court could make in term time.
Does oral consent work for a reference ordered in vacation?
No. The statute requires the order of reference to be made on the written agreement of the parties to refer.
What has to happen to the written agreement after the judge signs the reference order?
It must be filed with the clerk of the court, along with the other papers in the case.
Is a reference made in vacation weaker or less binding than one made during a court term?
The statute treats it the same way, allowing the judge to make any order of reference the court could make in term time, subject to the written-consent requirement.
How does this section relate to the general consent rule in section 25-1129?
Section 25-1129 allows consent to a reference in writing or orally on the record; this section applies that consent framework to a vacation setting, where only the written form is available.
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 in vacation nebraskajudge orders referee outside termwritten consent reference vacationfiling reference order with clerkvacation time court authority