(A) Objections to Magistrate’s Decision

A Decision of a Magistrate shall be reviewed by the Judge upon objections filed in accordance with Rule 40 of the Ohio Rules of Juvenile Procedure.

1. The objections shall be accompanied by a supporting memorandum.  If a finding of fact or weight of the evidence is part or wholly the basis for the objections, a transcript of the Magistrate’s hearing is necessary and must be filed by the objecting party.  The objections shall state that a transcript has been ordered.  In lieu of a transcript, the parties may file an agreed statement of facts.
2. The objecting party shall contemporaneously file a praecipe with the Clerk of Court for a transcript.  The praecipe shall be served on the Court Reporter on the same day as the filing of objections: failure to do so will cause the Court to rule on the objections as if no transcript has been ordered.  Transcripts not received within thirty days from the filing of objections will not be considered, unless an extension of time to file the transcript has been requested and granted by the Court. Partial transcripts may be permitted with leave of Court.  Failure to file a transcript when one is required by this Rule shall result in a dismissal of the objections.
3. Unless otherwise ordered by the Court, the party ordering the transcript shall be responsible for the fees associated with the filing of the transcript and shall pay said fees directly to the Court Reporter.
4. If a transcript of the proceeding is required or desired, a party may request an extension of time in which to file supplemental objections.  The motion for extension of time must be filed within the original fourteen day objection period, and shall, if granted, extend until fourteen days after the transcript is filed.
5. Memoranda contra to objections may be filed by any party or counsel within ten days of the filing of the objections.
6. Objections shall be decided upon the written memoranda, submitted transcripts and any oral hearing that may be scheduled at the discretion of the Judge.  Notice of the date and time of any oral hearing will be made by the Court on all parties or their counsel and any appointed Guardian Ad Litem.  Scheduled oral hearings may be waived by agreement of all parties and the Judge.

(B) Motion to Set Aside Magistrate’s Interim Order

1. Magistrates may issue Interim Orders and other Orders as provided by Rule 40 of the Ohio Rules of Juvenile Procedure.  Parties may file a motion to set aside the Interim Order, which shall be heard by the Judge.  The motion shall be filed no later than ten days after the Magistrate’s Interim Order is filed.
2. The motion shall be accompanied by a memorandum stating the party’s position with specificity.  If a finding of fact or weight of the evidence is part or wholly the basis of the motion, a transcript of the hearing before the Magistrate must be filed by the moving party within thirty days after the filing of the motion, unless the judge extends the time in writing.   Partial transcripts may be permitted with leave of Court.  In lieu of a transcript, the parties may file an agreed statement of fact.
3. Failure to file a transcript when one is required by this Rule shall result in a dismissal of the motion.
4. Motions to set aside shall be decided upon the written memoranda, submitted transcripts and any oral hearing that may be scheduled at the discretion of the Judge.  Notice of the date and time of any oral hearing will be made by the Court on all parties or their counsel and any appointed Guardian Ad Litem.  Scheduled oral hearings may be waived by agreement of all parties and the Judge.
5. Memoranda contra to a motion to set aside may be filed by any party or counsel within ten days of the filing of the motion.