A. APPOINTMENT AND REFERRAL:
Magistrates shall be appointed in accordance with Civ. R. 53(A). Cases shall be referred to
the appointed Magistrate in accordance with Civ. R. 53(D).
B. PRETRIALS:
The Magistrate may require a case to follow the pretrial provisions set forth in Mont. Co.
C.P.R. 2.07 prior to the hearing or trial date.
C. TRIALS:
1. Trials before the Magistrate shall be conducted in accordance with the standard set
forth in the Ohio Rules of Superintendence, these Rules and any other applicable rules
or laws.
2. A record shall be made of all proceedings before a Magistrate.
D. MAGISTRATE’S DECISION:
1. In accordance with Civ. R. 53, after a hearing or trial, the Magistrate shall issue the
Magistrate’s decision, including findings of fact, unless otherwise ordered by the
assigned Judge.
2. After the trial or hearing and prior to issuing a decision, the Magistrate may require that
briefs, proposed findings or other memoranda be submitted by the parties or parties’
counsel.
E. PROCEDURES FOR OBJECTING TO MAGISTRATE’S DECISION:
1. Objections, Cross Objections, Memoranda:
a. Objections, if any, shall be filed within 14 days from the filing date of the
Magistrate’s decision.
b. If objections are filed by a party within the 14-day period, any other party may file
cross objections within 10 days of when the objections were filed.
c. Any memoranda in opposition or reply briefs shall be filed in accordance with Mont.
Co. C.P.R. 2.05(B).
2. All objections, cross objections or memoranda shall cite to a specific time designation on
the recording of proceedings before the Magistrate. Failure to cite objections in this
manner may result, at the discretion of the assigned Judge, in adoption of the
Magistrate’s factual findings, and any review may be limited to the Magistrate’s legal
conclusions.
3. A party may file a brief in opposition to the objections or cross objections within 14 days
of the filing of objections or cross objections. An extension of time for filing a brief in
opposition may be obtained, for good cause shown, upon written motion.
4. The objecting party may file a reply brief to a brief in opposition to the objections within
7 days from when the brief in opposition was filed. Should a party file cross objections,
as allowed for in this Rule, and should a brief in opposition to the cross objections be
filed, the party filing the cross objections may file a reply brief to a brief in opposition to
the cross objections within 7 days from when the brief in opposition was filed.
5. Objections, cross objections, and memoranda shall not exceed 20 pages in length, and
shall otherwise comply with Mont. Co. C.P.R. 1.15(F).
F. STIPULATIONS TO FINDINGS OF FACT:
1. The parties may enter stipulations of fact either before or after the Magistrate’s
decision. Said stipulations shall not preclude any objections to errors of law.
2. If the parties agree that the findings of fact of the Magistrate are to be final, as
contemplated in Civ. R. 53(D)(3)(iii), the parties shall file a written entry with the Court.
G. TRANSCRIPTS:
1. Pursuant to Civ. R. 53(D)(3)(b)(iii), if objections to the findings of fact of the Magistrate
are made, the objecting party shall file a transcript of the hearing within 30 days from
the filing date of the objections.
2. The transcript may be filed in CD or paper form. All requests for transcripts shall be
made in accordance with Mont. Co. C.P.R. 1.29.
H. FINAL ENTRIES:
If no objections to the Magistrate’s decision are filed pursuant to this Rule, the Magistrate
shall prepare a judgment entry and submit the judgment entry to the assigned Judge for
approval.
Montgomery County Courts Building
41 N Perry St
Dayton, OH 45422
Reibold Building
14 W 4th St
Dayton, OH 45402
