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Motions to Set Aside Magistrate’s Orders in Ohio

April 12, 2015

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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DIVORCE LAWYER, COLUMBUS DIVORCE LAWYER, FAMILY LAWYER,  FAMILY ATTORNEYS IN, A FAMILY LAWYER, FAMILY LAW LAWYERS, FAMILY LAWYERS, OHIO DIVORCE LAWYER, FAMILY LAW ATTORNEYSWant your questions answered by a live person (either in person or by telephone)?  We would be happy to schedule a consultation with you.

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Comments

  1. T says

    May 12, 2021 at 12:20 pm

    Need helo filing a motion

  2. M says

    January 1, 2019 at 5:35 pm

    my name is M and I’m needing help with what paperwork I need to fileal a appeal for this emotion for the magistrate order the criminal rule 53 – d – 2 – B I’m from Marietta Ohio and I am running out of time and Marietta Court System Kangaroo Court will not help me out or give me any information that I am seeking I think there being byist and’crooked from the way I’ve been treated and I was hoping that you or somebody can give me the information I need on what forms to file for this emotion I thank you and I really appreciate your time n can’t wait to hear back from you and sorry about wasting your time you may contact me at the phone number

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Read this before you read our website

1. This site applies to the state of Ohio and matters of federal law only.

2. The info on our site is not legal advice because we don't know the facts of your case. If you want legal advice, you must meet with a lawyer.

3. Reading this website or sending documents to us does not create an attorney-client relationship and information or documents you give us will not be kept confidential unless you call us, tell us who is involved in your case, and let us do a conflict of interest check.

AREAS OF PRACTICE

  • Annulment of Marriage
  • Appeals
  • CERTIFIED SPECIALIST – OSBA Certified Family Relations Specialist
  • Child Support
  • Columbus Ohio Collaborative Family Law
  • Contempt of Court
  • Custody
  • Dissolution of Marriage
  • Divorce
  • Divorce & Alimony
  • Divorce & Assets
  • Divorce & Business Owners
  • Divorce & Child Support
  • Divorce & Custody
  • Divorce & Professional or Medical Practice Owners
  • Family Law
  • Father's Rights
  • Franklin County & 88 Ohio Counties
  • Grandparents Rights
  • Legal Separation
  • LGBT Family Law, Divorce, Custody
  • Military Divorce
  • Mother's Rights
  • Moving & Relocation
  • Ohio Collaborative Divorce
  • Parental Alienation
  • Paternity
  • Post-Decree Modifications
  • Prenuptial & Antenuptial Agreements (Prenup)
  • Shared Parenting
  • Temporary Orders in Ohio
  • Uncontested Divorce
  • Unmarried & Never Married Parents
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From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Gahanna, Bexley, Blacklick, Columbus, Dublin, Hilliard, Lancaster, Westerville, New Albany, Pickerington, Powell, Upper Arlington, Worthington, Lancaster, Franklin County, Fairfield County and more. In addition, we serve clients in several Ohio Counties, including, but not limited to: Franklin County, Delaware County, Licking County, and Fairfield County.

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  • Adoption (4)
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  • Annulment (5)
  • Appeals (3)
  • Child Custody (39)
  • Child Support (15)
  • Civil Protection Orders & Domestic Violence (3)
  • Collaborative Divorce (1)
  • Contempt & Enforcement (12)
  • Dissolution , Amicable Divorce, No Fault Divorce (15)
  • Divorce (45)
  • Emergency Custody and Supervised Visitation (3)
  • Father's Rights and Paternity (12)
  • Grandparents Rights in Ohio (14)
  • Guardian ad Litem (3)
  • High Asset Divorce (2)
  • Interstate Family Law (2)
  • Jurisdiction and Venue (6)
  • Legal Separation (5)
  • LGBT Family Law (6)
  • Mediation (1)
  • Military Family Law (3)
  • Mothers' Rights (2)
  • Moving and Relocation (10)
  • Ohio County Visitation Schedules (86)
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  • Post Decree Cases (6)
  • Prenuptial Agreements or Antenuptial Agreements (3)
  • Psychological Evaluations (2)
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  • Step-Parent Adoption (1)
  • Tax Issues (1)
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  • Uncategorized (14)
  • Uncontested Divorce (2)
  • Unmarried Parents (6)
  • Visitation (6)

Recent Posts:

  • Appealing Your Ohio Family Law Judgment Entry
  • The Ohio LGBT community’s new right to marry also means the right to step-parent adoption
  • Ohio LGBT Shared Custody Agreements: Get it in Writing!
  • Columbus Ohio Same Sex Divorce Lawyer & Prenuptial Agreement Lawyer
  • Same Sex Divorce in Ohio: U.S. Supreme Court Strikes Down Bans on Same Sex Marriage

From our downtown Columbus offices we serve clients throughout Ohio. We also service areas such as Bexley, Blacklick, Columbus, Delaware, Dublin, Gahanna, Hilliard, Lancaster, Marysville, Westerville, New Albany, Newark, Pickerington, Plain City, Powell, Upper Arlington, Worthington, Lancaster, Zanesville and more. In addition, we serve clients in all Ohio Counties, including, but not limited to: Franklin County, Delaware, Licking, Logan, Fairfield, Union, Marion, Muskingum, Pickaway, Ross, Richland, Madison, Morrow, Knox, and more.

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Law Offices of Virginia C. Cornwell
408 Emory St
Columbus , OH , 43230
(614) 225-9316
Latitude: 40.00734
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