TITLE VIII: Magistrate's Proceeding (Effective Date 11/1/2011)
8.2. Motion to Set Aside Magistrate’s Orders
- Form. A motion to set aside the order of a magistrate pursuant to Civil Rule 53 shall be in writing and filed with the Clerk.
- Content. The motion shall be specific and state with particularity the grounds for setting aside the pretrial order. Any motion contesting a finding of fact within the order shall be supported by a transcript of all the evidence submitted to the magistrate relevant to that fact.
- Time. A timely motion to set aside a magistrate’s order is filed within ten days of the filing of the magistrate’s order. The motion shall first be submitted to the Domestic Relations Docket Office (Room 3-46) before filing at the Clerk of Courts Office (800 Broadway, 3rd floor).
- Hearing on Motion to Set Aside Order. Upon request by either party, at the time of filing or within ten days thereafter, the Court may schedule a hearing that shall be limited to fifteen minutes, per side, unless otherwise ordered by the Court. Every effort must be made to coordinate the hearing date with opposing party or counsel. The Court may sua sponte determine that a hearing is unnecessary and will send a notice to the parties if a hearing is cancelled for that reason.
- Service of Motion to Set Aside Order. A copy of the motion shall be served on opposing counsel, the opposing party, or other interested parties, as appropriate. The notice shall include the date, time and room number for any scheduled hearing on the motion.
- Transcript Request Procedure. If a transcript is requested pursuant to Civil Rule 53, the motion shall state that a full or partial transcript has been ordered. The party shall complete a Request for Transcription (DR Form 8.30) and present the form to the assigned Judge's Staff on the same day as the filing of the motion to set aside. Failure to do so may cause the Court to rule on the motion as if no transcript has been ordered. The party filing the motion has an affirmative duty to ensure that the transcript is prepared and delivered to the Court, by having the transcript filed with the Clerk of Courts or causing the transcript to be filed with the Clerk of Courts. Transcripts not received within thirty days from the filing of the motion to set aside will not be considered, unless an extension of time to file the transcript has been requested in writing and granted in writing.
- Payment of Transcript Costs. Unless otherwise ordered by the Court, the party ordering the transcript shall be responsible for the fees associated with the securing of the transcript.
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