When the parties do not consent, the court may, upon the application of either, or of its own motion, direct a reference in either of the following cases: Where the trial of an issue of fact shall require the examination of mutual accounts, or when the account is on one side only, and it shall be made to appear to the court that it is necessary that the party on the other side should be examined as a witness to prove the account; in which case the referees may be directed to hear and report upon the whole issue, or upon any specific question of fact involved therein; or where the taking of an account shall be necessary for the information of the court before judgment, in cases which may be determined by the court, or for carrying a judgment into effect, or where a question of fact other than upon the pleadings, shall arise, upon motion or otherwise, in any stage of an action.
§ 613.Reference By Court, When
Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 613 lets a court order a reference without the parties' consent when trying an issue requires examining mutual or one-sided accounts, when an accounting is needed before judgment or to enforce one, or when a factual question arises outside the pleadings.
Full Text of § 613
Amendment History
R.L. 1910, § 5019.
Plain-English Summary
When the parties won't agree to a reference, Section 613 still lets the court order one, on either party's motion or on its own initiative. The court can do this in defined situations: when trying an issue requires examining mutual accounts between the parties, or an account kept by only one side where the opposing party's testimony is needed to prove it; when an accounting must be taken before the court can enter judgment, or to carry a judgment into effect; or when a factual question, separate from the pleadings, comes up at any stage of the case.
Once ordered, the referees may be directed to decide the whole issue or just a specific factual question. The contrast with Section 612 is the point: there, the parties choose the reference; here, the court imposes it.
Frequently Asked Questions
Can a court order a reference to a referee if the parties refuse to agree?
Yes, on either party's application or the court's own motion, in the situations Section 613 lists.
What kind of account disputes justify a court-ordered reference?
Disputes requiring examination of mutual accounts, or a one-sided account where the other party needs to testify to prove it.
Can a court order a reference just to resolve one factual question?
Yes, the section covers a factual question arising outside the pleadings at any stage of the action, and referees may be directed to report on that specific question alone.
Is a court-ordered reference the same as one by consent?
No, Section 612 covers references the parties agree to; Section 613 covers ones the court orders over a party's objection or on its own motion.
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 court-ordered reference12 O.S. § 613reference to examine accounts Oklahomareference without consent of parties