FRANKLIN COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations Division
Effective July 1, 1984 unless otherwise noted

DOMESTIC RULES
 
 

RULE 9:

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.  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 the 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.

            The reviewing Judge shall be the Judge assigned to the case or motion.  The objecting party, upon filing the objections, shall obtain the information as to the assigned Judge, set the matter for hearing before that Judge and notify the other side of the hearing date.

            (Amended, eff 3/1/88; 7/1/90; 7/1/93; 7/1/95; 7/1/99; 8/1/04)