Rule 4 Housing Magistrate

Housing Magistrate

(A) In all proceedings before the housing magistrate, the Ohio Rules of Civil Procedure, Ohio Rules of Evidence, and Local Rules apply. Any party may appeal to the Housing Court judge from any order of the Housing Court magistrate in accordance with Civil Rule 53(C)(3)(b) and from any decision of the Housing Court magistrate in accordance with Civil Rule 53(E)(3).

(B) The magistrate’s orders are effective when entered, if necessary to regulate the proceedings and if not dispositive of a claim or defense of a party. The magistrate’s decision is effective when approved by the Court.

(C) All motions to set aside a magistrate’s orders and objections to a magistrate’s decision shall be referred to the Housing Court judge.

1. The party objecting to the magistrate’s decision shall file written objections within fourteen (14) days from the date of journalization of the decision by the Clerk.

2. A party shall file a motion to set aside a magistrate’s order within ten (10) days from the date of journalization of the decision by the Clerk.

3. The objecting party must state with specificity his or her objections to the decision and the relief requested. A copy of the objections must be served upon the opposing party and so certified in the pleading. All objections must comply with the Ohio Rules of Civil Procedure, unless clearly inapplicable to FED actions pursuant to Civ. R. 1(C).

4. Filing objections to a judgment on the first cause (for possession) in a FED action does not operate as an automatic stay of enforcement of that judgment. A party seeking a stay of execution on the first cause judgment (i.e. stay of the execution of set-out) must file a written request for such stay. The set-out shall proceed unless the request for a stay is granted. If a set-out has been scheduled, parties should file their motions promptly.

5. When objections are made to findings of fact on the first cause in a FED action, the objecting party is required to submit a transcript or affidavit of the proceedings contemporaneously with the objections. For good cause shown, and upon the objecting party so requesting, the Court may extend the timeframe to submit the transcript or affidavit. Failure to submit a transcript or affidavit may result in summary overruling of the objections.

6. The filing of objections to a ruling other than as indicated above in paragraph (C)(3) of this Rule shall operate as an automatic stay pursuant to Civ. R. 53(D)(4)(e)(i). These objections shall be ruled upon within forty-five (45) days of hearing or assignment, where no hearing is to be held.