Family law cases that involve child custody, visitation, child support or alimony, use and possession of the family home and the personal property in the home are generally initially heard by a Magistrate. The Magistrate also hears cases involving modification of child custody, visitation, child support or alimony and modifications to use and possession orders. Once an order is entered by the court, Magistrates will also conduct hearings on civil contempt based on whether a party to the order has followed the order or whether the party is violating the order. The system of using a Magistrate to hear certain family law matters helps to relieve the heavy dockets of the judges and to resolve as many issues as possible before a case is heard by a judge at trial.

Like a judge, a Magistrate can issue subpoenas to compel witnesses to attend hearings and to produce documents, can listen to the testimony of various witnesses and can decide whether certain evidence and documents are admissible at a hearing. Magistrates can hear testimony in an uncontested divorce or an annulment case and a Magistrate can make recommendations regarding an award of attorney fees and costs in all cases.

At the conclusion of a hearing held before a Magistrate, the Magistrate issues a Report and Recommendations. Although such a report is generally made in writing at the conclusion of the hearing, sometimes a Magistrate will recite his or her recommendations orally at the conclusion of the hearing. If either party disagrees with the Magistrate’s proposed recommendations, that party can file written Exceptions to the Magistrate’s Report and Recommendations. The Exceptions must allege where the Magistrate made a mistake or erred in his or her findings of facts and/or his or her proposed recommendations. Exceptions must be filed in writing within ten (10) days of receiving the written Report and Recommendations of the Magistrate.

If no Exceptions are filed to the Report and Recommendations of a Magistrate, a proposed order which embodies the Magistrate’s recommendations is then sent to a judge for his or her review and the entry of an Order.