COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations Division
Effective July 1, 1984 unless otherwise noted
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.
B. FINAL HEARINGS
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.
C. POST-DECREE MOTIONS
Magistrates may hear all post-decree motions in actions for divorce, annulment, legal separation, or dissolution, 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)