Nebraska Revised Statute 25-1130

Chapter 25 Section 1130

25-1130.

Reference by court order; when allowed.

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.

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).