§ 614.Trial Before Referee - Report
Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026
Full Text of § 614
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.