What are hearings before Magistrates and how do they differ from hearings before Judges?
Magistrates are non-elected judicial officers. They are appointed by Judges. Magistrates conduct proceedings just as a judge would, but certain decisions of the Magistrate are not final or effective until they are reviewed and adopted by a Judge. The hearings before Magistrates are the same as they are before Judges. Magistrates issue Orders and Decisions. A Magistrate’s Order is effective immediately. If a party wants the Judge to review the Order to have it changed, then the party must file a request to that effect. However, the Order will still remain in effect while the request is pending unless the Judge or Magistrate issues a stay. An Order is usually issued for matters that are not dispositive of the entire case. Orders to continue a case, pretrial orders, orders regarding discovery, etc. are examples of orders issued by magistrates that take immediate effect. A Decision is issued when substantive issues are being addressed, or when the Decision, if affirmed, would result in a f
