Credit: Bacho Foto/Adobe Stock State High Court Provides Guidance on Objecting to Magistrate's 'Insufficient' Factfinding
"When a party objects to a magistrate's judgment on the ground that the judgment contains insufficient factfinding, the party should file an objection pursuant to Rule 118(a) and specifically assert that there are insufficient findings to support the magistrate's judgment. The reviewing court can then adopt the judgment, 'set the matter for further hearing before a judge or magistrate[,] or recommit the matter to the magistrate with instructions.' M.R. Civ. P. 118(a)(2)," Associate Justice Catherine R. Connors wrote on behalf of the unanimous court.
March 03, 2023 at 06:02 PM
5 minute read
The Maine Supreme Judicial Court vacated a district court's ruling awarding sole custody to one parent Thursday, clarifying the procedural route a party must object to a magistrate's allegedly insufficient factfinding, as well as the options that lower courts have when such an objection is made.
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