A judge, in vacation, upon the written consent of the parties, may make an order of reference which the court of which he is a member could make in term time. In such case, the order of reference shall be made on the written agreement of the parties to refer, and shall be filed with the clerk of the court, with the other papers in the case.
§ 617.Reference In Vacation
Chapter 11: Trial · Not amended since adoption on record · Last verified August 3, 2026
In one sentenceSection 617 lets a judge, while court isn't in session, order a reference on the parties' written consent, with the same effect it would have in term time, provided the order is filed with the clerk along with the case papers.
Full Text of § 617
Amendment History
R.L. 1910, § 5023.
Plain-English Summary
A reference doesn't have to wait for court to be in session. Section 617 lets a judge, acting in vacation, make the same order of reference the full court could make during term, as long as the parties have consented in writing.
The order of reference must rest on that written agreement, and it has to be filed with the clerk of the court, alongside the rest of the case's papers, so the record reflects it just as it would have if made during term.
Frequently Asked Questions
Can a reference be ordered when court isn't in session?
Yes, a judge acting in vacation may make the same order of reference the court could make in term time.
What's required for a judge to order a reference in vacation?
The parties' written consent to refer, with the order of reference filed with the clerk along with the other papers in the case.
Does a reference made in vacation carry less weight than one made in term?
No, the text gives the judge the same power to order it that the court has during term.
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 in vacation12 O.S. § 617judge order reference out of termwritten consent reference filed with clerk