RULE 20:

Magistrate hearings

Magistrates shall conduct arraignments in adult criminal proceedings under Criminal Rules 10 and 19, and shall conduct hearings in complaints initiated in the Juvenile Branch for custody, delinquency, unruliness, parentage, juvenile traffic offenses, and for abuse, neglect and dependency.

In addition to the above duties, Magistrates shall hear the following matters:

(A) All motions, except motions to reinstate dismissed motions or complaints, probable cause and amenability hearings conducted in proceedings to transfer jurisdiction for purposes of criminal prosecution pursuant to Juvenile Rule 30 and R.C.2152.10 and 2152.12, and motions / complaints requesting a serious youthful offender disposition. However, magistrates may conduct arraignments when a child is charged as a serious youthful offender.

(B) Contempt citations, unless assigned before a Judge.

(C) Motions requesting a new trial or relief from judgment pursuant to Civil Rule 59 or 60. Such motions should be heard by the Judge or Magistrate who heard the matter originally.

(D) All hearings required under chapters 3111, 3113, 3115, 3119, 3121 or 3123 of the Ohio Revised Code, including all objections to CSEA administrative determinations.

(E) Motions for relief from judgment which were journalized by the Court without hearing following a FCCSEA administrative hearing.

(F) 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.

(G) Petitions for Juvenile Protection Orders pursuant to RC 2151.34 and Petitions for Juvenile Protection Orders when the Respondent is a minor pursuant To RC 3113.31, in accordance with Civil Procedure Rule 65.1.

(Amended effective 7/1/90; 7/1/95; 1/1/00; 11/1/04; 12/14/09; 8/1/12)