The Florida Order of Referral To General Magistrate is a form that can be completed by a judge in Florida to refer a case to a general magistrate. This form is used when a case requires a hearing or trial, and the judge believes that the general magistrate is capable of hearing the case and making a decision. The form contains the case information, such as the names of the parties, the court, and the type of case, as well as instructions for the general magistrate. There are two types of Florida Order of Referral To General Magistrate: the standard form and the special form. The standard form is used in civil and criminal cases, while the special form is used for family-related cases, such as dissolution of marriage and child support.
Florida Order of Referral To General Magistrate
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Order Of Referral To General Magistrate
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The General Magistrate is authorized to administer oaths and conduct hearings, which may include taking of evidence, and shall file a report and recommendations that contain findings of fact, conclusions of law, and the name of the court reporter, if any.
The circuit judge may only reject the Magistrate's Decision and Recommended Order if: the findings of fact are clearly incorrect; the magistrate has made an incorrect judgment of the legal effect of evidence presented; or if there is an abuse of discretion by the magistrate.
General Magistrates and Family Law Cases. In the state of Florida, judges may appoint a general magistrate to help ease their immense workloads. While judges typically handle matters of serious consequence (major criminal violations and civil matters involving grievous injury), they may delegate minor duties.
A general magistrate is an attorney appointed by a judge to take testimony and recommend decisions on certain matters connected with a divorce. These recommendations are then reviewed by the judge and are generally approved unless contrary to the law or the facts of the case.
A general magistrate is actually an attorney, but magistrates do behave similarly. If your case is referred to a magistrate you can expect the magistrate to hear testimony and make rulings on evidentiary matters. A magistrate even wears black robes, further blurring the lines between a magistrate and judge.
If your case is resolved at mediation, it may take anywhere from three to six months. However, remember that these timelines are only estimates. Often the length of a divorce is controlled by the level of contention between the parties.
However, because General Magistrates do not have the power to issue Final Orders requiring a party or parties to act (or refrain from acting), they differ from judges. Instead of issuing a Final Order, the General Magistrate submits her report and recommendation to the Circuit Court Judge who assigned to your case.
In the Middle District of Florida, there are currently 14 district judges, 14 senior district judges, and 17 full-time magistrate judges.
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Even in those instances, you may be required to prepare and submit an Order of Referral to General Magistrate, Florida Family Law Rules of Procedure Form. THIS CASE IS REFERRED TO THE MAGISTRATE on the following Issues: HEARING PLACE AND TIME.Done and Ordered in Chambers at Punta Gorda, Charlotte County, Florida, on this day of ______, 20__. Pursuant to family law rules of procedure, family matters may be referred to general magistrates if the parties do not file a timely objection. A REFERRAL TO A GENERAL MAGISTRATE REQUIRES THE CONSENT OF ALL PARTIES. It is common for a family judge to refer a case to the GM's office, called an order of referral to general magistrate. (1) General Magistrate Hearings: Parties prepare their own Notices and Orders of. (a) To refer one or more cases to a magistrate, a judge must issue an order of referral specifying the magistrate's duties. Domestic Violence Civil Protection Order Full Hearing (10. Magistrate hearings take place only when all the involved parties agree to it.