Nebraska Revised Statutes

Neb. Rev. Stat. § 25-1129 (2026)

Reference by consent; when allowed

✓ current as of July 2026

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All or any of the issues in the action, whether of fact or law or both, may be referred to a referee upon the written consent of the parties or upon their oral consent in court entered upon the record.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1957–2022 · leading case: Becher v. Becher, 299 Neb. 206 (Neb. 2018).

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Becher v. Becher, 299 Neb. 206 (Neb. 2018). · cites it 4× “2 See Neb. Rev. Stat. §§ 25-1129 to 25-1137 (Reissue 2016) (authorizing trial by referee).”

Becher v. Becher, 24 Neb. Ct. App. 726 (Neb. Ct. App. 2017). · cites it 6× “A trial court may only set aside or modify the report of a referee issued pursuant to Neb. Rev. Stat. § 25-1129 et seq. (Reissue 2016) upon a determination that the referee’s findings were clearly against the weight of the evidence.”

Jacobson v. Shresta, 288 Neb. 615 (Neb. 2014). · cites it 4× “) Neb. Rev. Stat. § 25-1129 (Reissue 2008) allows a court to refer a matter to a referee with written consent of the parties, and that statute is not at issue here.”

Roy v. Bladen Sch. Dist. No. R-31, 84 N.W.2d 119 (Neb. 1957). · cites it 2× “1943, provides: “Issues of law must be tried by the court, unless referred as provided in section 25-1129. Issues of fact arising in actions for the recovery of money or of specific real or personal property, shall be tried by a jury unless a jury trial is waived or a reference…”

Dean v. Firor, 681 P.2d 321 (Alaska 1984). “§ 13-713 (West 1983); Neb. Rev. Stat. § 25-1129 to -1137 (1979); N.”

Christiansen v. Moore, 172 N.W.2d 620 (Neb. 1969). · cites it 2× “1943, dealing with civil procedure in the district courts provides: “Issues: of law must be tried by the court, unless referred as provided in section 25-1129. Issues of fact arising in actions, for the recovery of money or of specific real or personal property, shall be tried…”

Fred v. Gentsch, Inc. v. Burnett, 115 N.W.2d 446 (Neb. 1962). · cites it 2× “See §§ 25-1129 to 25-1137, R.R.S.1943. It is pointed out here that the question of the validity of appellant's claim is the only issue which is presented by this appeal.”

Becher v. Becher, 299 Neb. 206 (Neb. 2018). · cites it 3× “2 See Neb. Rev. Stat. §§ 25-1129 to 25-1137 (Reissue 2016) (authorizing trial by referee).”

Beavers v. Graham, 308 N.W.2d 826 (Neb. 1981). · cites it 2× “The court order appointing a referee was well within the purview of Neb. Rev. Stat. §§ 25-1129 et seq. (Reissue 1979).”

Stanko v. Smith, King, Simmons & Conn Law (Neb. Ct. App. 2022). · cites it 2× “The resolution of Stanko’s assignment of error is a combination of the following propositions of law. “A trial is a judicial examination of the issues, whether of law or of fact in an action.”

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