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Motions to Set Aside Magistrate’s Orders in Ohio

LEARN MORE 2Virginia Cornwell is a Columbus Divorce Lawyer and an Ohio State Bar Association Certified Family Relations Specialist.

Magistrate’s Orders are different than Magistrate’s Decisions.  They are orders which do not dispose of any claim or defense of any party.  However, sometimes people do not like their Magistrate’s Orders and they want to “appeal”.  Here are some things you need to know about Magistrate’s Orders.

  1. The way that people “appeal” a Magistrate’s Order is by filing a Motion to Set Aside Magistrate’s Order, NOT by filing an Objection to Magistrate’s Decision.
  2. Motions to Set Aside Magistrate’s Orders are governed by Ohio Rule of Civil Procedure 53(D)(b)(2).
  3. Motions to Set Aside Magistrate’s Orders must be filed no more than 10 days after the date the Order is filed.
  4. Filing the Motion does not stop the Magistrate’s Order from being effective.
  5. The Judge or the Magistrate may enter an order making the Magistrate’s Order ineffective until the Judge hears and rules on the Motion to Set Aside Magistrate’s Order.  (unlikely)

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