Introduction Of New Evidence

[lkdhope]

What is the name of your state (only U.S. law)? Ohio
Looking for clarification on a document in ref. "Objecting to Magistrates' Decisions: Key Provisions of Ohio Civil Rule 53" http://www.pacegroup.org/Newsletters/objecting_to_magistrates_decision.pd. I am specifically interested in the subject header of "Introduction of New Evidence". In a visitation dispute, can new evidence be introduced within the objection process and if so, what type of new evidence might a judge allow? My apologies for being so vague, but feel it best in case the opposing party may frequent this site.What is the name of your state (only U.S. law)?

 

[Ohiogal]

Usually new evidence cannot be introduced in an objection -- it has be based on the findings of fact and the transcript of the hearing. You could request a rehearing in front of the judge.

 

[lkdhope]

Usually new evidence cannot be introduced in an objection -- it has be based on the findings of fact and the transcript of the hearing. You could request a rehearing in front of the judge.

Could a request for new evidence be made within the oral arguments that follow the notice of appeal (objections to magistrate's decision)? Provided it was in ref. to the trial court transcripts and/or findings of fact. Or is this exactly what you were referring to? Sorry, I'm just trying to wrap my head around the appeal process.

Thx.

 

[Ohiogal]

Objections to a magistrate's decision is NOT the same as an appeal. Can you be specific as to the situation. What is it you want to introduce? Why wasn't it introduced at the magistrate's hearing?

 

[lkdhope]

Objections to a magistrate's decision is NOT the same as an appeal. Can you be specific as to the situation. What is it you want to introduce? Why wasn't it introduced at the magistrate's hearing?

Ok. Sorry we keep loosely referring to the objections process as appeal. I believe I have a better understanding of the differences now. New information surrounding health issues have surfaced. Again, my apologies for being vague, but we feel it is our best interest to not reveal any specifics of which could identify us to the opposing party.

 

[stealth2]

Then you will likely get less than helpful input as details make a difference. Sorry.