Hartt v. Munobe

This case presents several issues, of which the central is whether a referee may preside over a jury trial. If the answer is yes, we must decide whether, in this case, all parties consented to the presence of the referee in conformity to Civ.R. 53(A).

I

The relevant portions of Civ.R. 53 as in effect at the time of trial1 state:

“(A) Appointment. The court may appoint one or more referees, who shall be attorneys at law admitted to practice in this state, to hear an issue or issues in *5any case in which the parties are not entitled to a trial by jury or in any case in which the parties consent in…