Magistrates

(A) Appointment A court of record may appoint one or more magistrates who shall have been engaged in the practice of law for at least four years and be in good standing with the Supreme Court of Ohio at the time of appointment. A magistrate appointed under this rule may also serve as a magistrate under Crim.R. 19 or as a traffic magistrate. (B) Compensation The compensation of magistrates shall be fixed by the court, and no part of the compensation shall be taxed as costs under Civ.R. 54(D). (C) Authority (1) Scope To assist courts of record and pursuant to reference under Civ.R. 53(D)(1), magistrates are authorized, subject to the terms of the relevant reference, to do any of the following: (a) Determine any motion in any case; (b) Conduct the trial of any case that will not be tried to a jury; Upon unanimous written consent of the parties, preside over the trial (c) of any case that will be tried to a jury; Conduct proceedings upon application for the issuance of a (d) temporary protection order as authorized by law; Exercise any other authority specifically vested in magistrates by (e) statute and consistent with this rule. (2) Jury trials before magistrates Notwithstanding any other provision of these rules, in jury trials presided over by magistrates, the factual findings of the jury shall be conclusive as in any trial before a judge. All motions presented following the unanimous written consent of the parties, including those under Civ.R. 26, 37, 50, 51, 56, 59, 60, and 62, shall be heard and decided by the magistrate. No objections shall be entertained to the factual findings of a jury, or to the motion or legal rulings made by the magistrate except on appeal to the appropriate appellate court after entry of a final judgment or final appealable order. The trial judge to whom the matter was originally assigned before the parties consented to trial before a magistrate shall enter judgment consistent with the magistrate’s journalized entry pursuant to Civ.R. 58, but shall not otherwise review the magistrate’s rulings or a jury’s factual findings in a jury trial before a magistrate. (3) Regulation of proceedings In performing the responsibilities described in Civ.R. 53(C)(1), magistrates are authorized, subject to the terms of the relevant reference, to regulate all proceedings as if by the court and to do everything necessary for the efficient performance of those responsibilities, including but not limited to, the following: Issuing subpoenas for the attendance of witnesses and the (a) production of evidence; (b) Ruling upon the admissibility of evidence; (c) Putting witnesses under oath and examining them; (d) Calling the parties to the action and examining them under oath; (e) When necessary to obtain the presence of an alleged contemnor in cases involving direct or indirect contempt of court, issuing an attachment for the alleged contemnor and setting the type, amount, and any conditions of bail pursuant to Crim.R. 46; Imposing, subject to Civ.R. 53(D)(8), appropriate sanctions for civil (f) or criminal contempt committed in the presence of the magistrate. (D) Proceedings in Matters Referred to Magistrates (1) Reference by court of record (a) Purpose and method A court of record may, for one or more of the purposes described in Civ.R. 53(C)(1), refer a particular case or matter or a category of cases or matters to a magistrate by a specific or general order of reference or by rule. (b) Limitation A court of record may limit a reference by specifying or limiting the magistrate’s powers, including but not limited to, directing the magistrate to determine only particular issues, directing the magistrate to perform particular responsibilities, directing the magistrate to receive and report evidence only, fixing the time and place for beginning and closing any hearings, or fixing the time for filing any magistrate’s decision on the matter or matters referred. (2) Magistrate’s order; motion to set aside magistrate’s order (a) Magistrate’s order (i) Nature of order Subject to the terms of the relevant reference, a magistrate may enter orders without judicial approval if necessary to regulate the proceedings and if not dispositive of a claim or defense of a party. (ii) Form, filing, and service of magistrate’s order A magistrate’s order shall be in writing, identified as a magistrate’s order in the caption, signed by the magistrate, filed with the clerk, and served by the clerk on all parties or their attorneys. (b) Motion to set aside magistrate’s order Any party may file a motion with the court to set aside a magistrate’s order. The motion shall state the moving party’s reasons with particularity and shall be filed not later than ten days after the magistrate’s order is filed. The pendency of a motion to set aside does not stay the effectiveness of the magistrate’s order, though the magistrate or the court may by order stay the effectiveness of a magistrate’s order. (3) Magistrate’s decision; objections to magistrate’s decision (a) Magistrate’s decision (i) When required Subject to the terms of the relevant reference, a magistrate shall prepare a magistrate’s decision respecting any matter referred under Civ.R. 53(D)(1). (ii) Findings of fact and conclusions of law Subject to the terms of the relevant reference, a magistrate’s decision may be general unless findings of fact and conclusions of law are timely requested by a party or otherwise required by law. A request for findings of fact and conclusions of law shall be made before the entry of a magistrate’s decision or within seven days after the filing of a magistrate’s decision. If a request for findings of fact and conclusions of law is timely made, the magistrate may require any or all of the parties to submit proposed findings of fact and conclusions of law. (iii) Form; filing, and service of magistrate’s decision A magistrate’s decision shall be in writing, identified as a magistrate’s decision in the caption, signed by the magistrate, filed with the clerk, and served by the clerk on all parties or their attorneys no later than three days after the decision is filed. A magistrate’s decision shall indicate conspicuously that a party shall not assign as error on appeal the court’s adoption of any factual finding or legal conclusion, whether or not specifically designated as a finding of fact or conclusion of law under Civ.R. 53(D)(3)(a)(ii), unless the party timely and specifically objects to that factual finding or legal conclusion as required by Civ.R. 53(D)(3)(b). (b) Objections to magistrate’s decision (i) Time for filing A party may file written objections to a magistrate’s decision within fourteen days of the filing of the decision, whether or not the court has adopted the decision during that fourteen-day period as permitted by Civ.R. 53(D)(4)(e)(i). If any party timely files objections, any other party may also file objections not later than ten days after the first objections are filed. If a party makes a timely request for findings of fact and conclusions of law, the time for filing objections begins to run when the magistrate files a decision that includes findings of fact and conclusions of law. (ii) Specificity of objection An objection to a magistrate’s decision shall be specific and state with particularity all grounds for objection. (iii) Objection to magistrate’s factual finding; transcript or affidavit An objection to a factual finding, whether or not specifically designated as a finding of fact under Civ.R. 53(D)(3)(a)(ii), shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that finding or an affidavit of that evidence if a transcript is not available. With leave of court, alternative technology or manner of reviewing the relevant evidence may be considered. The objecting party shall file the transcript or affidavit with the court within thirty days after filing objections unless the court extends the time in writing for preparation of the transcript or other good cause. If a party files timely objections prior to the date on which a transcript is prepared, the party may seek leave of court to supplement the objections. (iv) Waiver of right to assign adoption by court as error on appeal Except for a claim of plain error, a party shall not assign as error on appeal the court’s adoption of any factual finding or legal conclusion, whether or not specifically designated as a finding of fact or conclusion of law under Civ.R. 53(D)(3)(a)(ii), unless the party has objected to that finding or conclusion as required by Civ.R. 53(D)(3)(b). Action of court on magistrate’s decision and on any objections to magistrate’s (4) decision; entry of judgment or interim order by court (a) Action of court required A magistrate’s decision is not effective unless adopted by the court. (b) Action on magistrate’s decision Whether or not objections are timely filed, a court may adopt or reject a magistrate’s decision in whole or in part, with or without modification. A court may hear a previously-referred matter, take additional evidence, or return a matter to a magistrate. (c) If no objections are filed If no timely objections are filed, the court may adopt a magistrate’s decision, unless it determines that there is an error of law or other defect evident on the face of the magistrate’s decision. (d) Action on objections If one or more objections to a magistrate’s decision are timely filed, the court shall rule on those objections. In ruling on objections, the court shall undertake an independent review as to the objected matters to ascertain that the magistrate has properly determined the factual issues and appropriately applied the law. Before so ruling, the court may hear additional evidence but may refuse to do so unless the objecting party demonstrates that the party could not, with reasonable diligence, have produced that evidence for consideration by the magistrate. (e) Entry of judgment or interim order by court A court that adopts, rejects, or modifies a magistrate’s decision shall also enter a judgment or interim order. (i) Judgment The court may enter a judgment either during the fourteen days permitted by Civ.R. 53(D)(3)(b)(i) for the filing of objections to a magistrate’s decision or after the fourteen days have expired. If the court enters a judgment during the fourteen days permitted by Civ.R. 53(D)(3)(b)(i) for the filing of objections, the timely filing of objections to the magistrate’s decision shall operate as an automatic stay of execution of the judgment until the court disposes of those objections and vacates, modifies, or adheres to the judgment previously entered. (ii) Interim order The court may enter an interim order on the basis of a magistrate’s decision without waiting for or ruling on timely objections by the parties where immediate relief is justified. The timely filing of objections does not stay the execution of an interim order, but an interim order shall not extend more than twenty-eight days from the date of entry, subject to extension by the court in increments of twenty-eight additional days for good cause shown. An interim order shall comply with Civ.R. 54(A), be journalized pursuant to Civ.R. 58(A), and be served pursuant to Civ.R. 58(B). (5) Extension of time For good cause shown, the court shall allow a reasonable extension of time for a party to file a motion to set aside a magistrate’s order or file objections to a magistrate’s decision. “Good cause” includes, but is not limited to, a failure by the clerk to timely serve the party seeking the extension with the magistrate’s order or decision. (6) Disqualification of a magistrate Disqualification of a magistrate for bias or other cause is within the discretion of the court and may be sought by motion filed with the court. (7) Recording of proceedings before a magistrate Except as otherwise provided by law, all proceedings before a magistrate shall be recorded in accordance with procedures established by the court. (8) Contempt in the presence of a magistrate (a) Contempt order Contempt sanctions under Civ.R. 53(C)(3)(f) may be imposed only by a written order that recites the facts and certifies that the magistrate saw or heard the conduct constituting contempt. (b) Filing and provision of copies of contempt order A contempt order shall be filed and copies provided forthwith by the clerk to the appropriate judge of the court and to the subject of the order. (c) Review of contempt order by court; bail The subject of a contempt order may by motion obtain immediate review by a judge. A judge or the magistrate entering the contempt order may set bail pending judicial review of the order. Effective Date: July 1, 1970 Amended: July 1, 1975; July 1, 1985; July 1, 1992; July 1, 1993; July 1, 1995; July 1, 1996; July 1, 1998; July 1, 2003; July 1, 2006; July 1, 2011; July 1, 2020; July 1, 2023 Rule 53(A) Appointment Staff Note (July 1, 1995 Amendment) Changes the title of “referee” to “magistrate” and makes clear that the same person may exercise magisterial authority under the Civil and Criminal Rules. By limiting the power of appointment to courts of record, the rule eliminates any authority implicit in the prior rule for appointment of referees by mayor’s courts. Rule 53(B) Compensation Eliminates the prior authority to tax the compensation of a referee appointed on an interim basis as part of court costs. The Supreme Court Rules Advisory Committee is of the opinion that the salaries of judicial officers should be borne by the taxpayers generally, rather than by the parties to cases. Rule 53(C) Reference and Powers (C)(1) Order of Reference. This division replaces language previously found in Rule 53(A). It makes clear that magistrates have authority to act only on matters referred to them by a judge in an order of reference, but permits that order of reference to be categorical or specific to a particular case or motion in a case. Rule 53(C)(1)(a)(iii) codifies in part the result in Hartt v. Munobe (1993), 67 Ohio St. 3d 3, but requires that consent to a magistrate’s presiding at a jury trial must be written. Division (C)(1)(c) largely tracks prior language, which makes it clear that a particular judge in a given order of reference may limit the powers generally provided in this rule for magistrates. (C)(2) General Powers. Only stylistic changes are made, except that the provision for recording proceedings before magistrates is moved to Rule 53(D) and changed. (See Staff Note for Rule 53(D) below) (C)(3) Power to Enter Orders. Division (C)(3)(a) clarifies the authority of magistrates to enter orders that are effective without being approved by a judge. It codifies existing practice in some courts in the state. Division (C)(3)(b) provides that any party may move to set the order aside, but the order remains effective unless a stay is granted. (C)(3)(b) Contempt in the Magistrate’s Presence. This division codifies the inherent power of magistrates, as judicial officers, to deal with contempt of court which occurs in their actual presence. The core purpose of the contempt power is to permit courts to deal with disruptions of proceedings and to maintain order. This power is as much needed in proceedings before magistrates as before other judicial officers. The rule follows Fed. R. Crim. P. 42 in requiring that the magistrate certify in writing what he or she perceived that constitutes contempt. The clerk is to provide an immediate copy of any magistrate contempt order to an appropriate judge so that there can be prompt judicial review of any contempt order. (C)(3)(d) Other Orders. The General Assembly has recognized the existence of the referee system and from time to time conferred authority directly on referees, particularly in juvenile matters. This rule is necessary to prevent any inference of intent to override those statutes by adoption of this revised rule. (C)(3)(e) Form of Magistrate’s Orders. This division clarifies the form in which magistrate’s orders are to be prepared so that they will be easily identified as such by parties and on the dockets. Rule 53(D) Proceedings Prior language largely drawn from Federal Civil Rule 53 relative to special masters and largely applicable to situations where special masters were appointed for individual cases and were not court employees is eliminated. To prevent any implication that proceedings before magistrates are to follow any different procedure from other civil proceedings, division (D)(1) is added. Division (D)(2) requires that proceedings before magistrates be recorded by whatever method a particular court deems appropriate. The rule is not meant to limit courts to particular recording means, but to emphasize that, as judicial officers of courts of record, magistrates should conduct proceedings before them on the record. Rule 53(E) Decisions in Referred Matters New division (E) entirely replaces the prior language which required preparation of reports by referees. Experience throughout the state demonstrated that often the report writing requirement substantially slowed the decision of cases without adding anything of value to the decision-making process. The new rule preserves the authority of judges to require reports by so specifying in orders of reference. In the absence of such a requirement, however, magistrates will now prepare a magistrate’s decision [division (E)(1)]. If a party desires that the magistrate’s decision embody the detail characteristic of a referee’s report, the party may make a request for findings of fact and conclusions of law under Civ.R. 52, either before or after the magistrate’s decision is filed [division (E)(2)]. The fourteen-day time period for objections is preserved and it begins to run only when a magistrate’s decision embodying findings and conclusions is filed, if they have been appropriately requested [division(E)(3)(a)]. Division (E)(3)(b) prescribes the form of objections and requires that they be specific; a general objection is insufficient to preserve an issue for judicial consideration. The rule permits the parties to tailor the objection process by providing that a magistrate’s findings of fact will be final. The rule reinforces the finality of trial court proceedings by providing that failure to object constitutes a waiver on appeal of a matter which could have been raised by objection. Compare United States v. Walters, 638 F.2d 947 (6th Cir. 1981); Thomas v. Arn, 474 U.S. 140(1985). Division (E)(4) prescribes the procedure to be followed by the court with respect to a magistrate’s decision. Proposed decisions are effective only when adopted by the court. However, a magistrate’s decision to which no objection is made may be adopted unless there is apparent error; the judge is no longer required to conduct an independent review and make a determination himself or herself. The last sentence of division (E)(4)(b), paralleling Civ.R. 59, permits a court to refuse to hear new evidence on objections unless the evidence would not have been obtained in time to present it to the magistrate. Division (E)(4)(c) conforms existing law on interim orders to the new style of “magistrate’s decision” as opposed to reports. No substantive change is intended. Rule 53(E) Decisions in referred matters Staff Note (July 1, 1996 Amendment) The 1996 amendment corrected the first sentence of division (E)(2), which erroneously stated that a magistrate’s decision was to include “proposed” findings of fact and conclusions of law. The amendment deleted the word “proposed”. The amendment is technical only and no substantive change is intended. Rule 53(A) Appointment Staff Note (July 1, 1998 Amendment) The 1998 amendment to this division changed “traffic referee” to “traffic magistrate” to conform to the 1996 amendment of Rule 14 of the Ohio Traffic Rules. No substantive change is intended. Rule 53(C) Reference and powers The 1998 amendment to division (C)(3)(a) was to change cross-references to Civ.R. 75 necessitated by 1998 amendments to that rule. Division (C)(3)(d) was amended to change “referee” to “magistrate” to conform to the 1996 amendment of Rule 14 of the Ohio Traffic Rules. No substantive change is intended. Rule 53(E) Decisions in referred matters The 1998 amendment was to division (E)(4)(b) of this rule. The amendment was made because some trial judges apparently had avoided ruling upon objections to magistrates’ reports since the previous rule appeared to require only “consideration” of the objections. The amendment should clarify that the judge is to rule upon, not just consider, any objections. An identical amendment was made to division (E)(4)(b) of Juv.R. 40, also effective July 1, 1998. Staff Note (July 1, 2003 Amendment)