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Civil Rule 53 shall govern all procedures including filings and rulings by the Court regarding Magistrate's Decisions and Orders.
1. Objections. a. Objections to a Magistrate’s decision shall be filed and served upon all opposing parties within fourteen (14) days after the date the decision is filed.
b. Any objections by an opposing party shall be filed within ten (10) days after the first objections are filed.
c. A party filing objections that require a transcript must file his or her objections within the fourteen (14) day time period set forth above, and must file a Notice of Intent to supplement objections after the transcript has been completed, for which leave will automatically be granted.
d. Objections shall be specific and state the grounds with particularity. They shall identify the relevant law and the facts in contention, and reference pages of the transcript in support of the objections.
e. A party may have an additional fourteen (14) days following the completion of the transcript within which to file supplemental objections, provided that notice was filed as set forth in (c) above.
f. A party opposing the objections and/or supplemental objections may file a brief in opposition within fourteen (14) days from the date the objections or supplemental objections are filed. If supplemental objections are filed, the opposing party should file only one brief in opposition.
g. If no objections are filed within the initial 14-day period, the decision of the Magistrate will become final.
2. Requirement of Transcript. a. If a party is objecting to factual findings in the Magistrate’s decision, a transcript of the record of proceedings before the Magistrate must be filed. If a transcript is not available, the party must file an affidavit of all evidence submitted to the Magistrate.
b. The cost per page of the transcript is set by separate Court Order pursuant to R.C. 2301.24.
c. The party filing objections shall order the transcript from the Court Reporter, and shall file a Praecipe (D.R. Form 3.00 in Appendix) with the Clerk of Courts within the initial fourteen (14) day period after the date the Magistrate’s Decision is filed.
d. The Praecipe shall be signed by the party or his/her attorney; it shall contain an acknowledgement by the Court Reporter that the deposit for the transcript has been paid and the date the Court Reporter expects the transcript to be completed. The Praecipe shall also include the date the Magistrate’s Decision was filed, and whether or not supplemental objections will be filed after completion of the transcript.
e. The deposit for the transcript must be paid to the Court Reporter before the Court Reporter will sign the Praecipe.
f. Failure to timely file the Praecipe or filing a Praecipe without the signature of the Court Reporter shall result in the objections as to factual findings being overruled.
g. Upon its completion, the Court Reporter shall file with the Clerk of Courts a notice of the availability of the transcript. Payment in full will be required before the transcript will be released.
h. A party must file the transcript contemporaneously with the filing of the supplemental objections. The attorney or party requesting the transcript is responsible for the full cost upon completion. Failure to remit payment to the Court Reporter may result in a judgment against the person requesting the transcript.
3. Extensions of Time. a. No extension of time shall be granted for filing objections within the initial fourteen (14) day period.
b. One fourteen (14) day extension of time to file a Praecipe may be granted by the Court for good cause shown.
c. Requests for extensions of time to file the transcript shall include the endorsement or affidavit of the Court Reporter indicating the reason that the transcript has not been completed and the expected date of completion.
d. The time to file supplemental objections may be extended, at the discretion of the Court, for up to but not more than a total of forty-two (42) days from the date the transcript is completed.
e. The time to file a brief in opposition to objections or supplemental objections may be extended, at the discretion of the Court, for up to but not more than a total of twenty-one (21) days from the date the objections or supplemental objections are filed.
4. Motions to Set Aside Magistrate’s Order. a. A party may file a Motion to Set Aside a Magistrate’s Order within ten (10) days after the date of its issuance.
b. A Motion to Set Aside must be specific and state the grounds for the motion with particularity.
c. No extension of time to file a Motion to Set Aside will be granted.
(Effective March 15, 2011. Amended effective April 1, 2015.)
DOMESTIC RELATIONS FORM 3.00
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