LCR 53.2 COURT COMMISSIONERS (e) Revision by Court. 1. Time for Motion. A motion for revision must be filed and served within ten (10) days after the commissioner's written order is entered. The motion for revision shall be noted at the time it is filed, to be heard within thirty (30) days after entry of the commissioner's written order. 2. Abandonment. Unless reset by the court, a motion for revision shall be considered abandoned if not heard within thirty (30) days after the entry of the commissioner's written order. 3. Findings of Fact and Conclusions of Law. 3.1 Findings of fact and conclusions of law shall be entered before the hearing on the motion for revision. 3.2 A minimum of five (5) days prior to the time of presentation, the party moving for revision shall present to the court commissioner and opposing counsel proposed findings of fact and conclusions of law to support the order or judgment. 4. Form of Motion. A motion for revision shall: 4.1 Specify each alleged error; and 4.2 Identify each document in the court file related to the issues raised by the motion for revision. 5. Hearing on Motion. At the time a motion for revision is filed, the moving party shall schedule a hearing on a civil calendar by filing a notice of issue. Unless otherwise directed by the Court, the hearing on the motion for revision shall be scheduled to occur within thirty (30) days after the motion for revision is filed. 6. The Record. 6.1 The motion for revision shall be heard upon the record that was before the court commissioner. 6.2 In all proceedings for which a audio recording of live testimony is made, the party moving for revision shall, within five (5) calendar days after filing the motion, make arrangements through Superior Court Administration for a transcript of the proceedings to be provided to the court. Where a transcript is required, the party moving for revision shall be responsible for arranging for and payment for the transcript and ensuring that the transcript of proceedings is filed with the court not later than five (5) calendar days before the scheduled hearing. 7. Scope of Motion. The court may revise any order or judgment that is related to the issues raised by the motion for revision; for example, all issues related to child support or all issues related to the parenting plan. The court will not consider issues that are not related to the motion for revision without a separate motion, except: 7.1 The court may consider requests for attorney's fees by either party for the revision proceedings; and 7.2 The court may consider issues in the original order when the motion for revision is filed as to a motion denying a motion for reconsideration. 8. Effect of Motion. When a motion for revision is timely filed the following shall occur: 8.1 With the exception of findings of fact and conclusions of law, until the revision proceeding is completed the court commissioner loses jurisdiction to conduct further proceedings and/or enter orders on issues that are the subject of revision proceeding. 8.2 The Court Commissioner may continue to hear proceedings and/or enter orders on issues that do not involve the subject of the revision proceeding. 8.3 A court commissioner's order shall be effective upon entry of a written order, unless stayed by a judge's order, pending a motion for revision. [Adopted effective September 1, 2012.]
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