The referees must be sworn or affirmed well and faithfully to hear and examine the cause, and to make a just and true report therein according to the best of their understanding. The oath may be administered by any person authorized to take depositions.
§ 25-1136.Referees; oath or affirmation.
Article 11: Trial · Not amended since original codification · Last verified July 22, 2026
In one sentenceBefore hearing a case, referees must be sworn or affirmed to hear and examine the matter faithfully and to make a just and true report, and that oath can be given by anyone authorized to take depositions.
Full Text of § 25-1136
Source
R.S.1867, Code § 305, p. 445; R.S.1913, § 7874; C.S.1922, § 8819; C.S.1929, § 20-1136; R.S.1943, § 25-1136.
Plain-English Summary
Section 25-1136 sets the last procedural step before a referee’s work formally begins: taking an oath. The referees must be sworn or affirmed well and faithfully to hear and examine the cause, and to make a just and true report on it, according to the best of their understanding.
The statute’s language mirrors the oath a judge or juror takes — a commitment to honest, careful handling of the matter, not just a formality. Since a referee stands in for the court on the issues referred, this oath is what grounds the referee’s authority to hear evidence and reach findings the parties and the court can rely on.
The statute keeps the administration of that oath practical. It does not need to be given by a judge; the oath may be administered by any person authorized to take depositions, which opens the door to notaries and other officers who regularly handle sworn statements.
Frequently Asked Questions
Do referees have to take an oath before hearing a case?
Yes. Section 25-1136 requires referees to be sworn or affirmed well and faithfully to hear and examine the cause and to make a just and true report.
Can a referee affirm instead of swearing a formal oath?
Yes. The statute allows the referee to be sworn or affirmed, treating an affirmation as equivalent to a sworn oath.
Who can administer the oath to a referee?
Any person authorized to take depositions may administer it, so a judge does not need to be the one giving it.
What is the referee promising by taking this oath?
To hear and examine the cause well and faithfully, and to make a just and true report on it, according to the best of the referee’s understanding.
Does this oath requirement apply to a referee appointed by the court as well as one chosen by the parties?
The statute applies to referees generally, without distinguishing between those chosen by party agreement under section 25-1132 and those appointed by the court.
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: referee oath requirement nebraskaswearing in a refereeaffirmation instead of oath refereewho can administer referee oathreferee just and true report