Login | November 22, 2017

RULES OF PRACTICE AND PROCEDURE

of the
COURT OF COMMON PLEAS
GENERAL DIVISION

of
SUMMIT COUNTY, OHIO


18. MAGISTRATES

18.01 Appointment/Powers

Magistrates may be appointed by the Common Pleas Court, General Division, and shall serve as full-time employees of the Court as provided in Civ.R. 53 and Crim.R. 19. The Court may appoint a person to serve both as civil magistrate and as criminal magistrate. The civil magistrate and the criminal magistrate shall have those powers as set out in Civ.R. 53 and Crim.R. 19 respectively, and as set out in any order of reference.

18.02 Matters Heard

A magistrate appointed pursuant to Civ.R. 53 may hear any trial or hearing; issue(s) which are referred by the assigned judge; any issue(s) as to which either no jury right attaches or as to which such jury right has been waived. Jury trials may be heard by a civil magistrate with the consent of the parties.

A criminal magistrate appointed pursuant to Crim.R. 19 shall hear only those matters permitted under Crim.R. 19.

18.03 Trial/Hearing Procedures

Trials and/or hearings before a magistrate will be conducted in accordance with those standards in existence and in use by the General Division of the Common Pleas Court, and in accordance with these Rules. A record will be made of all Trials, Oral Hearings and any other proceedings which the magistrate deems necessary or appropriate.

18.04 Magistrate's Order/Decision

The civil magistrate will issue a decision after the trial or hearing in accordance with Civ.R. 53. The magistrate may require that briefs, proposed findings or other memoranda be submitted by counsel prior to the issuance of a decision.Under Civ.R. 52, findings of fact and conclusions of law may be requested in written format, or will be prepared if required by law.

The criminal magistrate will prepare orders pursuant to Crim.R. 19.

18.05 Objections/Appeal to Magistrate's Orders/Decisions

Appeal or objections to the magistrate's order or decision, and memoranda in support, may be filed by any party in accordance with Civ.R. 53 or Crim.R. 19. Memoranda contra objections or replies to an appeal may be filed by any party within seven (7) days of the filing of such objections or appeal. The time limit established by Civ.R. 53 and Crim.R. 19 for the filing of objections to the magistrate's order/decision may be extended by the assigned judge only upon written application supported by an affidavit stating facts indicating a practical impossibility of compliance. If a transcript of the trail or hearing is necessary to support objections or appeal to the magistrate's decision or order, it must be filed with the Court by the moving party within thirty (30) days after the filing of objections or appeal unless the assigned judge, in writing, extends the time due to the inability of the court reporter to complete the transcript of the testimony. A praecipe for transcript shall be served in written form on the chief court reporter within (3) days after the filing of said objections, appeal, contra objections or appeal reply. Said praecipe shall be filed with the Clerk.

18.06 Entries

The civil magistrate may order that entries or judgments be prepared by the prevailing party in accordance with Rule 7.17 and these shall be submitted to the magistrate for approval and endorsement before being submitted to the Court.

18.07 Interlocutory Orders

A civil magistrate shall be empowered to sign interlocutory orders as described in Rule 18.07(B), for and in the name of the assigned judge. The criminal magistrate shall make those orders as allowed under Crim.R. 19.

(A) Format for magistrate's signature:

Magistrate (Name of Person)

For Judge (Name of Judge)

____________________________________________________

(B) Types of Interlocutory Orders

Interlocutory orders that may be signed by a civil magistrate include, but are not limited to:

(1) an order to transfer venue to another county when parties mutually agree pursuant to Civ.R. 3(C);

(2) an order to name a person as a process server under Civ.R. 4.1(2);

(3) an order to allow filing of claims described under Civ.R. 13;

(4) an order to allow amended and/or supplemental pleadings under Civ.R. 15(A), (B), and (E);

(5) an order allowing actions to be taken as a result of pretrials or status conferences under Civ.R. 16;

(6) an order appointing a guardian ad litem under Civ.R. 17(B);

(7) an order allowing joinder under Civ.R. 18;

(8) an order allowing joinder under Civ.R. 19(A);

(9) an order allowing joinder under Civ.R. 19.1;

(10) an order allowing joinder or separate trials under Civ.R. 20;

(11) an order allowing addition of a party or mutually allowing the dropping of a party under Civ.R. 21;

(12) an order for the safekeeping of a thing pending disposition of the matter under Civ.R. 22;

(13) an order to allow intervention under Civ.R. 24;

(14) an order governing, administering and/or supervising discovery under Civ.R. 26 through 36, and imposition of sanctions under Civ.R. 37, except the sanctions of dismissing the action, rendering a judgment of default, or imposing any penalty for contempt;

(15) an order allowing voluntary dismissal under Civ.R. 41(A);

(16) an order to consolidate or set separate trials under Civ.R. 42; and,

(17) an order ruling on interlocutory motions wherein the ruling does not serve to make any final determination of the rights of the parties.

 

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