The party or witness may be required to attend before the judge or before a referee appointed by the court or judge. If before a referee, the examination must be taken by the referee and certified by the judge. All examinations and answers before a judge or referee under sections 25-1564 to 25-1580 must be on oath, but when a corporation answers, the answer must be on the oath of an officer thereof.
§ 25-1571.Discovery of property of debtor; examination; oath; referee.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceThis section requires examinations of the debtor or witnesses in a property-discovery proceeding to be conducted under oath before the judge or a court-appointed referee, with a referee’s examination certified back to the judge, and requires a corporation to answer through an officer’s oath.
Full Text of § 25-1571
Source
R.S.1867, Code § 540, p. 488; R.S.1913, § 8119; C.S.1922, § 9055; C.S.1929, § 20-1573; R.S.1943, § 25-1571.
Plain-English Summary
Section 25-1571 sets the procedural framework for how examinations under the debtor-discovery sections happen. The party or witness being examined may be required to attend before the judge, or before a referee the court or judge appoints. If the examination happens before a referee rather than the judge directly, the referee takes the examination and then certifies it back to the judge, keeping the judge informed of what was said even without presiding in person.
Every examination and answer given under sections 25-1564 to 25-1580, whether before a judge or a referee, must be under oath. When the party answering is a corporation rather than an individual, the statute requires the answer to be given under the oath of one of the corporation’s officers, since a corporation cannot personally swear to anything.
Frequently Asked Questions
Who can conduct an examination under this section?
The judge, or a referee appointed by the court or judge.
What happens if a referee, rather than the judge, takes the examination?
The referee takes the examination and then certifies it to the judge, so the judge has a record of the testimony even without presiding over it directly.
Do all examinations under these sections have to be under oath?
How does a corporation answer if it is the one being examined?
Through the oath of one of its officers, since the statute requires a corporation’s answer to be given on the oath of an officer of the corporation.
Does this section cover both the debtor’s examination and a third party’s examination?
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 examination judgment debtor nebraskaoath requirement debtor examinationcorporation officer oath examinationreferee certifies examination to judgeprocedure for property discovery examination