-18- Unless a party shall have proposed a particular finding of fact, or unless the party shall have objected to another party’s proposed finding of fact, the Judge may refuse to consider the party’s objection to the Special Trial Judge’s recommended findings of fact and conclusions of law for failure to make such a finding or for inclusion of such finding proposed by the other party, as the case may be. [Emphasis added.] (d) Action on the Recommendations: The Judge to whom the case is assigned may adopt the Special Trial Judge’s recommended findings of fact and conclusions of law, or may modify or reject them in whole or in part, or may direct the filing of additional briefs, or may receive further evidence, or may direct oral argument, or may recommit the recommended findings of fact and conclusions of law with instructions. The Judge’s action on the Special Trial Judge’s recommended findings of fact and conclusions of law shall be reflected in the record by an appropriate order or report. Due regard shall be given to the circumstance that the Special Trial Judge had the opportunity to evaluate the credibility of witnesses, and the findings of fact recommended by the Special Trial Judge shall be presumed to be correct. Consistent with new Rule 183(c), the parties were served with copies of the STJ report. In view of the recent amendment to Rule 183, and the unique procedural posture of these cases, the Court extended the dates within which the parties were directed to file the objections and responses referred to in new Rule 183(c). Respondent and Kanter filed objections to the STJ report. Ballard and Lisle filed notices of no objection to the STJ report. Kanter, Ballard, and Lisle filed responses to respondent’s objection to the STJ report, and respondent filed a response to Kanter’s objection to the STJ report.Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011