Any party who disagrees with the magistrate's decision may ask the Court to modify or set aside the decision by filing written objections. Written requests for detailed Findings of Fact and Conclusions of Law must be made within seven (7) days from the date the magistrate's decision is entered. After the detailed written decision is filed, you have fourteen (14) days to file written objections to the magistrate's decision detailing the errors you believe the magistrate has made.
Objections stating the specific reasons for challenging the magistrate's decision must be filed within fourteen (14) days from the filing of the magistrate's decision. If a party files objections within the fourteen-day period, other parties have up to ten (10) days after the first objections are filed to file their own objections. If a party makes a request for Findings of Fact and Conclusions of Law, the time for filing objections begins to run when the magistrate files the decision that includes these findings. A fee of $20.00 is required to file an objection to the magistrate's decision. If a party is objecting to the magistrate's Findings of Fact they must purchase the trial transcript and file it with the objection. If the transcript will not be ready before the objection deadline, the Court must be notified in the Objection that you will supplement your Objection with the transcript once it is ready. Request a transcript
A party may request an oral hearing by prominently writing on the first page of the objections, "An oral hearing of approximately [insert number of minutes] minutes is requested."
Any party may file a Memorandum Contra to the Objection. The filing of an objection will operate as a "stay", or suspension, to collection of the judgment until the judge has ruled on the objection.
When a party files objections, the case will be assigned to a municipal court judge. The judge will consider the objections and any supporting memorandum and may approve (sustain), reject (overrule), or modify the magistrate’s decision and enter a final judgment. The Court may adopt all or part of the magistrate's decision, conduct a hearing, take additional evidence, or refer the case back to the magistrate for a new trial. The Clerk will mail a copy of the final judgment to all parties.
If objections are upheld, a new hearing may be granted. If a party's objections are overruled, the party may appeal the Judge's ruling to the Tenth District Court of Appeals. By law, a party has 30 days from the date of the final judgment to file an appeal with the Tenth District Court of Appeals. Appealing a matter gets more complex and costly, requiring purchase of the transcript of the original hearing, and possibly the services of an attorney. Before taking this step, you should consult with an attorney as to the merits of your arguments.