RULES OF CIVIL PROCEDURE - Supreme Court

(6) Disqualification of a magistrate. Disqualification of a magistrate for bias or othercause is within the discretion of the court and may be sought by motion filed with the court.(7) Recording of proceedings before a magistrate. Except as otherwise provided bylaw, all proceedings before a magistrate shall be recorded in accordance with proceduresestablished by the court.(8) Contempt in the presence of a magistrate.(a) Contempt order. Contempt sanctions under Civ. R. 53(C)(2)(f) may be imposedonly by a written order that recites the facts and certifies that the magistrate saw or heard theconduct constituting contempt.(b) Filing and provision of copies of contempt order. A contempt order shall be filedand copies provided forthwith by the clerk to the appropriate judge of the court and to the subject ofthe order.(c) Review of contempt order by court; bail. The subject of a contempt order may bymotion obtain immediate review by a judge. A judge or the magistrate entering the contempt ordermay set bail pending judicial review of the order.[Effective: July 1, 1970; amended effective July 1, 1975; July 1, 1985; July 1, 1992; July1, 1993; July 1, 1995; July 1, 1996; July 1, 1998; July 1, 2003; July 1, 2006; July 1,2011.]Staff Note (July 1, 2006 Amendment)Civ. R. 53 has been reorganized in an effort to make it more helpful to bench and bar and reflectiveof developments since the rule was last substantially revised effective July 1, 1995. The relatively-fewsignificant changes included in the reorganization are noted below.Rule 53(A)AppointmentCiv. R. 53(A) is taken verbatim from sentence one of former Civ. R. 53(A). Sup. R. 19 requires thatall municipal courts having more than two judges appoint one or more magistrates to hear specified matters.See also Crim. R. 19 and Traf. R. 14.Rule 53(B)CompensationCiv. R. 53(B) refers to Civ. R. 54(D) so as to more clearly harmonize Civ. R. 53 with statutoryprovisions that authorize courts to collect funds from litigants generally and to use the collected funds forpurposes that include employment of magistrates. See, e.g., R.C. 1901.26(B)(1), 1907.24(B)(1),2303.201(E)(1), and 2501.16(B).Rule 53(C)AuthorityCiv. R. 53(C) is drawn largely from former Civ. R. 53(C)(1) and (2) and reflects the admonition of theSupreme Court that “a [magistrate’s] oversight of an issue or issues, or even an entire trial, is not a substitute