If you disagree with the magistrate’s decision, you can file a written objection to have the court change or reject the decision. Once the magistrate has filed the decision, you have 14 days to file your objection. If you file objections within this 14 day period, then anyone else in the case can also file objections up to 10 days after the first objections are filed.

How to file an objection

It is not enough to disagree with a decision. You will need to provide good reasons why you disagree with the decision. You can review the Findings of Fact and Conclusions of Law to find out how best to make your objections. You have 7 days from the point when the magistrate filed the decision to request Findings of Fact and Conclusions of Law.

Fill out the reasons for your objection carefully on the form and file it with the court. You can also request an oral hearing by writing on the first page of the objections form “An oral hearing is requested.”

There is a $35.00 fee for filing an objection to a magistrate’s decision.     

What happens after I have filed my objections?

When a party files objections, the case will be assigned to a judge. The judge will consider the objections and any supporting documents. The judge may conduct a hearing, take additional evidence, or refer the case back to the magistrate for a new trial. 

The judge will agree (sustain), disagree (overrule), or change the magistrate’s decision and enter a final judgment. A copy of the final judgment will be mailed to all parties.

If the judge agrees with the decision, the party can either accept the judgment or appeal the judgment to the Eighth District Court of Appeals.

A party has 30 days from the date of the final judgment to file an appeal with the Eighth District Court of Appeals.  Appealing to the Eighth District Court of Appeals is complicated and expensive.  You may need to provide a transcript of the original trial and hire a lawyer.  Before filing an appeal, you should talk with a lawyer to see if it is worth it to appeal.