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§ 614.Trial Before Referee - Report

Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026

In one sentenceSection 614 gives referees the same trial powers as the court, requires them to separate factual findings from legal conclusions, and makes their report on the whole issue stand as the court's decision, with the effect of a special verdict when only facts are reported.

Full Text of § 614

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A trial before referees is conducted in the same manner as a trial by the court. They have the same power as the court to summon and enforce the attendance of witnesses, to administer all necessary oaths in the trial of the case, and to grant adjournments, upon such trial. They must state the facts found and the conclusions of law separately, and their decisions must be given, and may be excepted to and reviewed in like manner. The report of the referees upon the whole issue stands as the decision of the court, and judgment may be entered thereon in the same manner as if the action had been tried by the court. When the referee is to report the facts, the report has the effect of a special verdict.

Amendment History

R.L. 1910, § 5020.

Plain-English Summary

A referee trial runs like a bench trial. Referees can summon and compel witnesses, administer oaths, and grant adjournments, the same authority a judge has. And like a judge under Section 611, they must state the facts they found separately from their conclusions of law, and either can be excepted to and reviewed.

The report carries real weight. Where referees decide the whole issue, their report stands as the court's decision, and judgment can be entered on it just as if the court itself had tried the case. Where the referees are only asked to report the facts, that report has the effect of a special verdict, leaving the court to apply the law to the facts the referees found.

Frequently Asked Questions

What powers does a referee have at trial?

The same powers as the court: summoning and compelling witnesses, administering oaths, and granting adjournments.

Do referees have to separate their factual findings from their legal conclusions?

Yes, they must state the facts found and the conclusions of law separately, and either can be excepted to and reviewed.

What happens after a referee reports on the whole issue?

The report stands as the court's decision, and the court can enter judgment on it just as if it had tried the case.

What if the referee only reports the facts, not the law?

That report has the effect of a special verdict, leaving the court to apply the law to the facts found.

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 referee trial powers12 O.S. § 614referee report special verdictreferee findings of fact conclusions of law