The judge may in his discretion order a reference to a referee agreed upon or appointed by him, to report the evidence of the facts.
§ 25-1576.Discovery of property of debtor; reference.
Article 15: Execution, Exemptions, and Foreign Judgments · Not amended since original codification · Last verified July 22, 2026
In one sentenceSection 25-1576 authorizes the judge presiding over a debtor’s-examination proceeding to refer the matter to a referee, either one the parties agree on or one the judge appoints, whose task is to gather and report back the evidence bearing on the debtor’s property.
Full Text of § 25-1576
Source
R.S.1867, Code § 545, p. 489; R.S.1913, § 8124; C.S.1922, § 9060; C.S.1929, § 20-1578; R.S.1943, § 25-1576.
Plain-English Summary
Not every debtor examination needs the judge personally in the room for every session. Section 25-1576 lets the judge, in his or her discretion, order a reference to a referee, either someone the parties agree on or someone the judge appoints directly, to take the evidence and report the facts back to the court.
The reference does not transfer the judge’s authority over the case; it delegates the fact-gathering. A referee can question the debtor and any witnesses, review the records produced, and compile findings, freeing the judge to rule on the results once the report comes back. That division of labor pairs naturally with the continuance power in section 25-1575, since a referee can carry an extended examination forward across several sessions while the judge attends to the rest of the court’s docket.
Frequently Asked Questions
What is a referee in a debtor-examination proceeding?
A person the judge appoints, or the parties agree on, to take evidence about the debtor’s property and report the facts back to the court, in place of the judge personally presiding over every session.
Do the debtor and creditor get to pick the referee?
The judge decides. The statute lets the judge order a reference to a referee the parties have agreed on, or to one the judge appoints instead.
Is a reference to a referee required?
No. The statute says the judge "may in his discretion" order a reference, so it is an option rather than a mandatory step.
What does the referee do?
Report the evidence of the facts bearing on the debtor’s property to the judge, rather than issue a final ruling on the creditor’s behalf.
Why would a judge send a debtor examination to a referee instead of handling it directly?
A referee can devote sustained attention to a complex or drawn-out search for assets, which is useful when the judge’s docket does not allow for repeated, lengthy sessions on a single case.
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
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