A judge’s workload can get pretty heavy.
Requiring a lot of gavel hitting.
As a result, there exists a different type of judge, appointed by the judge to help out.
One who handles a certain portion of the judicial load.
And this individual might be assigned to a case of yours.
In fact, they can be assigned to any civil case.
They are called magistrates.
In Florida, they are referred to as “general magistrates.”
General magistrates are actually attorneys acting as judges—they hear testimony and
rule on objections and evidentiary matters.
Oh, but they don’t get to wear the black robe.
Something else they can’t do is issue a Final Order requiring a party to act.
Only a judge can do that.
Instead the magistrate submits a report and recommendation to the circuit court judge
assigned to the case, for their approval.
This report and recommendation contains finding of fact and conclusions of law.
If the court decides to refer some part of your case to a general magistrate, either
you or your opponent can object within ten days of receiving what’s known as the “Notice
of Referral.”
Generally speaking, plaintiffs favor a magistrate because of expediency—a magistrate can help
the case get resolved faster.
And defendants usually don’t favor a referral to a magistrate for that same reason.
If the court doesn’t hear from either side, they will assume both parties consented.
The Notice of Referral must specifically state what the court is referring to the magistrate
regarding the case.
And the magistrate can only make their report and recommendation based on what’s outlined
in that referral.
Any recommendation and report dealing with any other issues essentially has no meaning.
If you have any objections to the magistrate’s report, you must file what’s known as an
“exception.”
An exception must be filed within ten days of receiving notice of the report and recommendation.
Just like the initial referral, your exceptions must be made with specificity.
And you want to have records to support your case for an exception.
Just as with an appeal of a judge’s decision, you’ll want to have a transcript of the
proceedings available.
This means you should hire a court reporter to be at the hearing before the magistrate.
Just as you would a regular judge.
Of course you can find out more about court reporters through LegalYou’s video on the
subject.
If the court, after all this, finds your exceptions are valid, it may hold off on entering a final
order until there is a hearing on those exceptions.
Like anything having to do with litigation, when dealing with a referral to a magistrate,
you’ve got to keep your eye on the ball and keep giving it the full….court press.
LegalYou can help you do that.
LegalYou.
Where you are your own best lawyer.