What to Expect at an Ohio Family Court Hearing

Judge or magistrate

A court may refer a case, a matter, or a category of cases to a magistrate by order or by rule (Civ.R. 53(D)(1)). Subject to the terms of the reference, magistrates may decide motions and conduct non-jury trials, and in doing so they can issue subpoenas, rule on evidence, and put witnesses under oath (Civ.R. 53(C)). Proceedings before a magistrate are recorded under the court’s procedures, except as otherwise provided by law (Civ.R. 53(D)(7)). In juvenile court, Juv.R. 40 governs magistrates.

Magistrate's orders and decisions

• Magistrate’s order. A magistrate may enter orders that regulate the proceedings and do not decide a claim or defense. You can file a motion to set one aside, stating your reasons with particularity, no later than 10 days after it is filed. Filing the motion does not stay the order unless the magistrate or court orders a stay (Civ.R. 53(D)(2)).
• Magistrate’s decision. On matters referred to them, magistrates prepare a magistrate’s decision. It may be general unless a party asks for findings of fact and conclusions of law before the decision is entered or within 7 days after it is filed (Civ.R. 53(D)(3)(a)(ii)). The clerk serves it on the parties.

Objecting to a magistrate's decision

1. Deadline: file written objections within 14 days of the filing of the decision, whether or not the court has already adopted it. If another party objects first, you may file objections within 10 days after theirs. If findings were timely requested, the time runs from the decision that includes them (Civ.R. 53(D)(3)(b)(i)).
2. Content: an objection must be specific and state with particularity all grounds (Civ.R. 53(D)(3)(b)(ii)).
3. Transcript: an objection to a factual finding must be supported by a transcript of all the evidence on that finding, or an affidavit of that evidence if no transcript is available, filed within 30 days after the objections unless the court extends the time (Civ.R. 53(D)(3)(b)(iii)).
4. Ruling: the court must rule on timely objections and independently review the objected matters. It may refuse new evidence unless the objecting party shows it could not, with reasonable diligence, have been produced before the magistrate (Civ.R. 53(D)(4)(d)).

Before the hearing

• Guardian ad litem report. In custody cases, the report is due to the court and parties not fewer than seven days before the final hearing, unless the court changes the date (Sup.R. 8.06(C)(1)).
• Shared parenting plan. Outside a dissolution, a plan must be filed at least 30 days before the hearing on parental rights (R.C. 3109.04(G)).
• Continuances. A continuance of a trial or hearing requires a written motion stating the reason, unless the judge waives that for good cause (Civ.R. 6(B)(2)(b)).
• Remote appearance. The rules allow live two-way video in some situations, but a court may still order you to appear in person (Civ.R. 1(D)). Follow your notice of hearing.

Preparation checklist

• Read your notice for the date, time, courtroom, and whether a judge or magistrate will hear the matter.
• Bring copies of the current order, your motion or response, and any guardian ad litem report you received, without sharing the report beyond what the court allows.
• Bring labeled exhibits with copies for the court and the other party, and arrange for your witnesses to attend.
• Write a one-page outline: what you are asking for, the facts that support it, and the R.C. 3109.04 or 3109.051 factors those facts address.
• If you need an interpreter or disability accommodation, contact the court as early as you can.

Primary sources

Rules and forms change. Check the current version at the source before you file.

• Ohio Civil Rules 1(D), 6(B), and 53
• Ohio Juvenile Rule 40, magistrates
• Rule of Superintendence 8.06, guardian ad litem reports
• R.C. 3109.04(G), shared parenting plans