Objection to Magistrate’s Decision – Ohio Court
This document, titled “Objection to Magistrate’s Decision,” is used in the Cleveland Municipal Housing Court. It allows a plaintiff or defendant to formally object to a decision made by a magistrate. The form must be filled out with specific details, including the case number, parties’ names, and grounds for objection. The Objection to Magistrate’s Decision form is critical for parties seeking to challenge a magistrate’s decision and requires careful completion and adherence to legal procedures to ensure the objections are considered by the judge.
Filing an objection to a magistrate’s decision is an important legal step. Follow this guide to correctly fill out the form:
Case Information
- Name: Enter your full legal name.
- Address: Provide your complete address, including city, state, and ZIP code.
- Telephone No.: List your contact number for any necessary communication.
- Case No.: Write the case number associated with your legal matter.
Plaintiff and Defendant Information
- Plaintiff(s): Fill in the name and address of the plaintiff(s).
- Defendant(s): Fill in the name and address of the defendant(s).
Grounds for Objection
- Grounds: Clearly state the reasons why you object to the magistrate’s decision. Be specific and mention the exact parts of the decision you disagree with. Provide a detailed explanation of why you believe the decision is incorrect.
Signature Section
- Name: Print your name.
- Address: Write your full address again.
- Phone No.: Include your contact number.
- Signature: Sign your name to authenticate the objection.
- Date: Enter the date when you are signing the form.
Service Clause
- Method of Service: Indicate how you will serve a copy of this objection to the other party. Check the appropriate box (regular mail or other specified method).
- Recipient: Specify whether the recipient is the plaintiff(s)/counsel or defendant(s)/counsel.
- Date of Service: Write the date on which you are serving the objection.
Additional Notes
- Important Reminder: Filing objections will not automatically stop an eviction or move-out. You must file a separate motion for a stay to request the court to halt the move-out process.
- Rule 53: This rule of the Ohio Rules of Civil Procedure covers objections to magistrate’s decisions. Ensure you understand this rule or consult an attorney if necessary.
- Time Limit: Objections must be filed within 14 days of the magistrate’s decision being journalized by the Clerk of Courts.
- Specificity: Clearly describe the specific parts of the decision you are objecting to and your reasons.
- Transcript Requirement: Attach relevant parts of the transcript if objecting to factual findings. If a transcript is not available, provide an affidavit describing the evidence.
Attachments
- Transcript or Affidavit: If your objection is based on factual findings, attach the relevant transcript sections or an affidavit.
- New Evidence: If introducing new evidence, explain why it was not available during the original hearing.
Filing Fee
- Fees: Check with the Clerk of Courts for the filing fee. If you cannot afford the fee, file a poverty affidavit to request deferred payment.
Legal Advice
- Consult an Attorney: This form impacts your legal rights. It is recommended to seek advice from a licensed attorney to ensure your objections are correctly filed and presented.
By carefully following these steps, you can accurately complete the Objection to Magistrate’s Decision form and ensure your objections are properly considered by the court.