§ 25-1130 — Reference by court order; when allowed

Nebraska § 25-1130

• Jurisdiction: Nebraska
• Ch. 25: Courts; Civil Procedure

Text

When the parties do not consent, the court may, upon application of either, or of its own motion, direct a reference in any equity matter to a referee appointed by the court. The court shall direct a reference to a referee only when caseload and time constraints require such reference, and a referee shall not be appointed to conduct any hearing involving an issue of law and not equity that could result in the exercise of the right to a trial before a jury.

Legislative History

Source: R.S.1867, Code § 299, p. 444; R.S.1913, § 7868; C.S.1922, § 8813; C.S.1929, § 20-1130; R.S.1943, § 25-1130; Laws 2008, LB1014, § 11. Annotations: Trial court can make a reference of an accounting to a referee. Corn Belt Products Co. v. Mullins, 172 Neb. 561, 110 N.W.2d 845 (1961). Interlocutory order that plaintiff is entitled to account is unnecessary. Bennett v. Baum, 90 Neb. 320, 133 N.W. 439 (1911). Right to jury cannot be defeated because of issues as to equitable rights. Yager v. Exchange Nat. Bank of Hastings, 52 Neb. 321, 72 N.W. 211 (1897). Purely legal action cannot be referred, except on consent of parties. Kinkaid v. Hiatt, 24 Neb. 562, 39 N.W. 600 (1888). Court may refer in partition without consent for taking of account. Mills v. Miller, 3 Neb. 87 (1873). Where equitable counterclaim is filed in legal action it is not error to overrule general objection to reference of whole cause. Brown v. Keith, 1 Neb. Unof. 649, 96 N.W. 59 (1901).