RULE 8:
Magistrate
hearings
Magistrates shall be appointed in accordance with Civil Rule 53, and
shall have all powers conferred by said Rule. Magistrates hear the
following matters:
A. PRE-DECREE MOTIONS
(1) In actions for divorce, annulment, or legal separation,
Magistrates shall hear all pre-decree motions for allowance of spousal
support, child support, and custody pendente lite filed pursuant to
Civil Rule 75(N).
(2) In actions for divorce, annulment, or legal separation, and
dissolution magistrates may hear all pre-decree motions except: Motions
to determine indigence; motions to impound child support or spousal
support; motions to join parties; motions for leave to amend the
complaint; motions to extend time to answer or plead; motions to
withdraw as counsel; motions to transfer to a private judge; motions to
convert an action from a divorce to a dissolution or from a dissolution
to a divorce; motions for summary judgment; and motions to issue,
modify or vacate temporary restraining orders unless no judge is
available.
(3) In all actions for custody or support of a child or children filed in the Domestic Relations Court pursuant to Ohio Revised Code 2151.233, magistrates may hear all pre-decree motions except: Motions to determine indigence; motions to impound child support; motions to join parties; motions for leave to amend the complaint; motions to extend time to answer or plead; motions to withdraw as counsel; motions to transfer to a private judge; and motions to issue, modify or vacate temporary restraining orders unless no judge is available.
B. FINAL HEARINGS
(1) Magistrates shall conduct final hearings in actions for divorce,
annulment, legal separation, or dissolution, or a bifurcated portion of
said hearing, upon order of reference from the judge assigned to the
case.
(2) Magistrates shall conduct final hearings in actions for custody
or support of a child or children filed in the Domestic Relations Court
pursuant to Ohio Revised Code 2151.233.
C. POST-DECREE MOTIONS
Magistrates may hear all post-decree motions in actions for divorce,
annulment, legal separation, or dissolution, or in actions for custody
or support of a child or children filed in the Domestic Relations Court
pursuant to Ohio Revised Code 2151.233, whether the action originated
in this court or was transferred to the Juvenile Branch of this court
by a court of another state or county, except: motions to reinstate
dismissed complaints or motions; motions to impound child support or
spousal support; motions to withdraw as counsel; and motions to issue,
modify or vacate a temporary restraining order or motions to determine
indigence, unless no judge is available. Motions filed pursuant to
Civil Rule 59 or 60 shall be heard by the Judge or Magistrate who heard
the matter originally or their successor.
D. CONTEMPT AND DISCOVERY MOTIONS
Contempt and discovery motions may be scheduled before a Judge or
Magistrate.
E. CSEA HEARINGS
All CSEA hearings required under chapters 3111, 3113, 3115, 3119,
3121 or 3123 of the Ohio Revised Code, and motions for relief from a
judgment which was journalized by the Court without hearing following a
FCCSEA administrative hearing.
F. MATTERS FROM THE JUVENILE BRANCH
All complaints for custody filed in the Juvenile Branch of this
court, including post-decree motions to modify the allocation of
parental rights and responsibilities, and motions to allocate parental
rights following determination of parentage.
G. OTHER MATTERS
All other matters referred by a judge.
H. MOTIONS TO REINSTATE DISMISSED COMPLAINTS / MOTIONS
Parties may file a motion requesting reinstatement of a
complaint/motion dismissed for failure to submit an entry. Parties
requesting reinstatement must present an agreed entry resolving the
dismissed motion/complaint to the assigned judge simultaneously with
the entry to reinstate the case/motion. The assigned judge, or his/her
designated staff, will review the proposed entries, and if the entries
are correct, the judge will sign both the entry reinstating the
case/motion and the agreed entry. Both entries will be filed and the
case/motion will be tied off once it is reinstated. If the agreed entry
is not correct, it will be returned to the party requesting
reinstatement along with the unsigned entry reinstating the case. Once
corrected, both entries shall be returned to the assigned judge for
review, and if correct, signature and filing.
I. CIVIL PROTECTION ORDERS
When the duty judge or assigned judge is unavailable, exparte
petitions for civil protection orders or the full hearing on petitions
for civil protection orders pursuant to RC 3113.31, as described in
Ohio Civil Rule 65.1.
(Amended, eff 1/1/87, eff. 7/1/95, 7/1/99; 8/1/04; 12/14/09;
8/1/12, 10/30/2019)