Magistrate's Decisions and Orders/Objections

JR 12

(A) Absent contrary order by the court for good cause shown and except for magistrate's orders which may, pursuant to Ohio Juv. Rule 40, be issued by a magistrate without approval by a judge, all magistrate's decisions and orders shall be forwarded immediately for judicial approval, disapproval, or modification.  Said decisions and orders shall contain this language: “THE ORDERS AS SET FORTH HEREIN SHALL REMAIN IN EFFECT AS TEMPORARY MAGISTRATE’S ORDERS PENDING FURTHER ORDER OF THE COURT.  PER OHIO JUV. R. 40(C)(3)(b), ANY MOTION TO SET ASIDE THIS TEMPORARY MAGISTRATE’S ORDER MUST BE FILED WITHIN TEN (10) DAYS.  ANY OBJECTION TO THIS DECISION AND ORDER MUST BE FILED WITHIN FOURTEEN (14) DAYS.”

 

(B) All such decisions and orders which are judicially approved and adopted as final appealable orders shall contain the following language: “IMMEDIATE RELIEF BEING JUSTIFIED AND THERE BEING NO JUST CAUSE FOR DELAY, THE DECISIONS AND ORDERS AS SET FORTH IN THE MAGISTRATE’S DECISION AND ORDER ARE HEREBY ADOPTED AS THE FINDINGS, FINAL JUDGMENT, FINAL APPEALABLE ORDERS, AND (IN THE CASE OF TIMELY OBJECTION) INTERIM ORDERS OF THIS COURT.  YOU HAVE THE RIGHT TO APPEAL THIS JUDGMENT.  IF YOU WISH TO APPEAL THIS CASE YOU MUST FILE A NOTICE OF APPEAL WITH THIS COURT WITHIN THE TIME FRAMES AS SET FORTH IN THE OHIO RULES OF APPELLATE PROCEDURE.”

 

(H) Magistrate’s orders shall contain this language: “ANY MOTION TO SET ASIDE THIS MAGISTRATE’S ORDER MUST BE FILED WITHIN TEN (10) DAYS.”

 

JR 13

(A) Upon timely objection to any decision and order of a magistrate of this court, a judicial determination shall be made as to whether said decision and order should continue in force as an interim order or should be stayed pending a hearing on said objection.  Notification of said determination shall be forwarded to all parties by the clerk.

 

(B) Per Ohio Juv. R. 40(C)(3)(b), objections to a magistrate’s decision and order, motions to set aside a magistrate’s order, and motions to set aside a temporary magistrate’s order shall not be construed to act as a stay regarding either a magistrate’s order or a magistrate’s temporary order unless such a stay is granted by the magistrate who issued the order or a judge.

 

(C) The party and/or counsel filing an objection, a motion to set aside a magistrate’s order, a motion to set aside a magistrate’s temporary order, or any other party requesting a hearing on any objection, motion to set aside a magistrate’s order, or motion to set aside a magistrate’s temporary order shall be responsible for the scheduling of a hearing time for said objection, motion to set aside a magistrate’s order, or motion to set aside a magistrate’s temporary order.  In the event that no hearing is so scheduled, the court may schedule a hearing upon its own motion or may summarily rule upon the matter before the court.

 

(D) The decisions and orders of the magistrates of this court need not contain findings of fact absent a specific statutory requirement regarding such findings.  Upon request of any party, the magistrate shall prepare such written findings in a timely fashion.  The magistrate may require any party requesting such findings to prepare proposed findings subject to such conditions and time requirements as the magistrate sees fit.

 

JR 14

 

RESERVED