All or any of the issues in the action, whether of fact or of law, or both, may be referred, upon the written consent of the parties, or upon their oral consent in court, entered upon the journal.
§ 612.Reference of Issues By Consent of Parties
Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 612 lets parties send any or all issues in a case, whether factual or legal, to a referee by written consent or by oral consent given in court and entered on the journal.
Full Text of § 612
Amendment History
R.L. 1910, § 5018.
Plain-English Summary
Parties don't have to try every issue before a judge. Section 612 lets them agree, in writing or aloud in open court with the agreement entered on the journal, to send some or all of the case's issues to a referee instead.
The section covers questions of fact, questions of law, or both. It says nothing about who qualifies as a referee or what a referee then does; those rules follow in the sections after it.
Frequently Asked Questions
Can parties agree to have a referee decide their case instead of a judge?
Yes, Section 612 lets parties refer any or all issues, whether of fact, of law, or both, to a referee by their consent.
Does the consent to a reference have to be in writing?
No, it can be written, or given orally in court and entered on the court's journal.
What kinds of issues can go to a referee under this section?
Any or all of the issues in the action, factual and legal alike.
What happens after the parties consent to a reference?
The sections that follow cover how referees are appointed and how a reference is conducted; Section 612 only authorizes the reference itself.
Source & verification. Section text is reproduced verbatim from
Title 12 of the Oklahoma Statutes, enacted by the Oklahoma Legislature.
Last verified August 3, 2026.
· Official source
Also known as: Oklahoma reference by consent12 O.S. § 612consent to refer case to refereeoral consent reference entered on journal