Rule 2-541.Magistrates

A court can refer domestic relations matters to a magistrate only under Rule 9-208, and can refer any other matter or issue not triable of right before a jury to a magistrate on motion or its own initiative. Once a matter is referred, the magistrate runs the hearing much like a judge would — issuing subpoenas, administering oaths, ruling on the admissibility of evidence, examining witnesses, and controlling the calendar. But the magistrate's authority stops short of a final decision: contempt and the substantive outcome are only recommendations that go back to the court. All proceedings before a magistrate get recorded, stenographically or electronically, unless every party waives the record in writing — and that waiver also gives up the right to file any exceptions that would need the record to decide.

After the hearing, the magistrate notifies each party of the recommendations, either on the record right then or later in writing through the clerk. A party who wants to object has to move fast: a notice of intent to file exceptions is due within five days of that notification, and missing that deadline waives the right to except at all. A full written report — findings of fact, conclusions of law, and the recommended order, plus exhibits — is only required if the court directs one or a notice of intent to except was filed; if it was, the report is due within 30 days of that notice. Actual exceptions are then due within ten days after the report is filed, in writing and with particularity, and any point not raised is waived unless justice requires otherwise. If deciding the exceptions calls for a transcript, the excepting party has to order it when the exceptions are filed and get it filed within 30 days, which the magistrate can extend to 60 and the court can extend further for good cause — or the parties can agree to a statement of facts, or the court can accept an electronic recording in place of a transcript. A hearing on exceptions happens only if someone requests one within five days of service, and it's normally decided on the record made before the magistrate; new evidence comes in only if the excepting party spells out what it is and why it wasn't offered before, and the court agrees it should be considered, at which point the court can remand to the magistrate, take the evidence itself, or hold a full new hearing. If a notice of intent to except was filed, the court holds off entering a final order or judgment until the exceptions window — and any exceptions filed within it — are resolved. If nobody files that notice, or nobody follows through with exceptions, the court can enter the order right away.