FRANKLIN COUNTY RULES OF PRACTICE
OF THE COURT OF COMMON PLEAS
Domestic Relations Division
Juvenile Branch
Effective February 1, 1990 unless otherwise noted

	JUVENILE RULES
	---SELECT A RULE TO VIEW--- 1. Court Records; Management and Retention 2. Continuances and advancement 3. Duty magistrate 4. Appointed counsel 5. Custody and/or Visitation Actions 6. Parentage cases 7. Detention/shelter care hearings 8. Objections to Decisions of Magistrates 8. Motions to Set Aside Magistrate's Orders 9. Broadcasting, televising, recording and photographing by news media 10. Support orders 11. Motions 12. Transcripts/recording of proceedings 13. Warrants 14. Filing fees and costs 15. Traffic offenses/misdemeanor citations; Use of electronically produced tickets 16. Expungements 17. Mediation 18. Publication Service 19. Informal intake conference 20. Magistrate hearings 21. Assignement of cases 22. Model Parenting Time Schedule 23. Case Management Rule 24. Work Release Program 25. Duty Judge 26. Juries, Jurors 27. Guardian Ad Litem 28. Entries 29. Forms 30. Photographic Identification 31. Service Members' Civil Relief Act 32. Registration of Orders from Another State 33. Child Support, Cash Medical Support and Health Insurance

RULE 8:

Objections to Decisions of Magistrates/
Motions to Set Aside Magistrate's Orders

(A)    Objections to Magistrate’s Decision

            A decision of a Magistrate may be reviewed by the assigned Judge of this Court by filing an Objection in accordance with Rule 40 of the Ohio Rules of Juvenile Procedure / Rule 53 of the Ohio Rules of Civil Procedure.

            The Objection should be accompanied by a supporting memorandum.  If a finding of fact or weight of the evidence is part or all of the basis for the Objection, a transcript of the testimony is necessary to support the Objection to the Magistrate's decision and must be filed with the Court. Partial transcripts may be permitted upon leave of the Court.

            Failure to file a transcript when one is required by this Rule is a basis for dismissal of the Objections.

            The request and deposit for said transcript shall be submitted to the supervising stenographer 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 post a deposit in an amount equal to the estimated cost of the transcript with the supervising stenographer.  Upon completion of the transcript, any unpaid balance shall be paid by the ordering counsel or party prior to delivery of a copy or the filing of an original with the Court.

            All Objections shall be set for oral hearing by the moving party and shall be scheduled with the assignment office at the time of filing.  The moving party shall give notice of the hearing to all other parties, including the Guardian ad Litem.  Oral hearings may be waived by agreement of all parties and the Judge scheduled to hear the Objections.

            Memoranda Contra Objections may be filed by any party within ten (10) days of the filing of said Objections. 

(B)    Motions to Set Aside Magistrate’s Orders

            Magistrates may issue orders as provided by Ohio Civil Rule 53 and Juvenile Rule 40.  Parties may file a motion to set aside the order, which shall be heard by a Judge.  The motion shall be filed no later than ten days after the magistrate’s order is entered.

             The motion shall be accompanied by a memorandum stating the party’s position with particularity.  If a finding of fact or weight of the evidence is part or all of the basis for the motion, a transcript of the proceeding before the magistrate must be filed with the Court.  Partial transcripts may be permitted upon leave of Court.  Failure to file a transcript when one is required by this rule is a basis for dismissal of the motion.

            The moving party shall schedule the motion to set aside the magistrate’s order with the assignment office at the time of filing, and shall give notice of the hearing to all other parties, including the Guardian ad Litem.

            (Amended effective 7/1/93; 7/1/95; 1/1/00; 8/1/04)