RULE 9:

Objections to Magistrate’s Decisions/ Motions To Set Aside Magistrate’s Orders

1. Objections To Decisions Of Magistrate

Unless otherwise provided by law, a complete record of all testimony or other oral proceedings before a magistrate shall be taken in shorthand, stenotype, or by any other adequate mechanical or electronic recording device as prescribed by the Court.

A decision of a Domestic Magistrate may be reviewed by the assigned Judge of this Court by filing an objection in accordance with Rule 53 of the Ohio Rules of Civil Procedure with the Clerk and giving notice to the opposing party or his attorney of the date on which the matter is to be heard or submitted for decision.

The objection should be accompanied by supporting memorandum. The supporting memorandum shall be on 8 1/2 x 11 plain white paper, preferably typed, and if typed, in 12-point type or larger, double-spaced, with margins not less than one inch wide, and shall not exceed 25 pages, excluding exhibits. Upon motion of the objecting party, the assigned judge may waive all or part of this requirement. Supporting memoranda that do not meet the requirements of this rule may not be considered by the court in ruling on objections. If a finding of fact or weight of the evidence is part or all of the basis for objection, a transcript of the testimony is necessary to support the objection to the Magistrate's decision and must be filed with the Court.

The request and deposit for said transcript shall be submitted to the proper court reporter within three (3) days after the filing of said objections. The cost of same shall be as the Court shall from time to time determine at a per page amount. At the time of ordering of a transcript, the ordering counsel or party shall arrange for payment to the proper official Court Reporter. An advance deposit shall be posted with the Court Reporter by the ordering counsel or party, with any balance due prior to delivery of a copy or the filing of an original with the Court.

All original transcripts shall be filed by the Official Court Reporter with the Clerk of Courts and shall thereby become part of the official record of the case. A copy will be provided to the ordering party, upon request, at a cost which shall be determined by the court.

Requests for transcripts for the benefit of indigent parties shall be submitted to the Court and supported by affidavit for authorization by the Court prior to the Court Reporter's commencement of the transcribing.

Failure to file a transcript when one is required by this Rule is a basis for dismissal of the objection.

Memoranda contra objections may be filed by any party within ten (10) days of the filing of said objections. Memoranda contra shall be on 8 1/2 x 11 plain white paper, preferably typed, and if typed, in 12-point type or larger, double-spaced, with margins not less than one inch wide, and shall not exceed 25 pages, excluding exhibits. Upon motion of the party filing the memorandum contra, the assigned judge may waive all or part of this requirement. Memoranda contra that do not meet the requirements of this rule may not be considered by the court in ruling on the objections.

The reviewing Judge shall be the Judge assigned to the case or motion.  The objecting party shall schedule the objection to the magistrate’s decision with the assignment office at the time of filing, and shall give notice of the hearing to all other parties, including the guardian ad litem.

2. Motions To Set Aside Magistrate’s Orders

Magistrates may issue orders as provided by Ohio Civil Rule 53 and Juvenile Rule 40. Parties may file a motion to set aside the order, which shall be heard by a judge. The motion shall be filed no later than ten days after the magistrate’s order is entered.

The motion shall be accompanied by a memorandum stating the party’s position with particularity. The memorandum shall be on 8 1/2 x 11 plain white paper, preferably typed, and if typed, in 12-point type or larger, double-spaced, with margins not less than one inch wide, and shall not exceed 25 pages, excluding exhibits. Upon motion of the filing party, the assigned judge may waive all or part of this requirement. Memoranda that do not meet the requirements of this rule may not be considered by the court in ruling on objections. If a finding of fact or weight of the evidence is part or all of the basis for the motion, a transcript of the proceeding before the magistrate must be filed with the court. Partial transcripts may be permitted upon leave of court. Failure to file a transcript when one is required by this rule is a basis for dismissal of the motion.

Memoranda contra a motion to set aside a magistrate’s order may be filed by any party within fourteen (14) days of the filing of said motion. Memoranda contra shall be on 8 1/2 x 11 plain white paper, preferably typed, and if typed, in 12-point type or larger, double-spaced, with margins not less than one inch wide, and shall not exceed 25 pages, excluding exhibits. Upon motion of the party filing the memorandum contra, the assigned judge may waive all or part of this requirement. Memoranda contra that do not meet the requirements of this rule may not be considered by the court in ruling on a motion to set aside.

The moving party shall schedule the motion to set aside the magistrate’s order with the assignment office at the time of filing, and shall give notice of the hearing to all other parties, including the guardian ad litem.

3. Motions to Disqualify a Magistrate

(A) If a Magistrate allegedly is interested in a proceeding pending before the court, allegedly is related to or has a bias or prejudice for or against a party to a proceeding pending before the court or a party's counsel, or allegedly otherwise is disqualified to preside in a proceeding pending before the court, any party to the proceeding or the party's counsel may file a motion and sworn affidavit of disqualification.

(B) The motion and sworn affidavit of disqualification shall be filed with the Domestic Relations Clerk of Court not less than seven calendar days before the day on which the next hearing in the proceeding is scheduled. If the pleadings are filed not using the e-Flex system (for example by a pro se litigant) the filer must hand deliver a time stamped copy to the assigned Judge’s Bailiff. The motion and affidavit shall include all of the following:

(1) The specific allegations on which the claim of interest, bias, prejudice, or disqualification is based and the facts to support each of those allegations;

(2) A certificate indicating that a copy of the motion and affidavit has been provided to the magistrate against whom the affidavit is filed and that all other parties or their counsel have been noticed or served per the Ohio Civil Rules;

(3) The date of the next scheduled hearing in the proceeding or, if there is no hearing scheduled, a statement that there is no hearing scheduled.

(C) A motion and affidavit for disqualification will be heard by the assigned Judge however it will be dismissed without hearing if not timely presented for filing or if it does not satisfy the requirements of Division (B) of this section.