What Does A Referral to the General Magistrate Mean? Why would I object to this referral?

Bankruptcy and Debt 1 views 5 answers
Recieved a email of a referral to a general magistrate in my divorce proceedings, I am currently representing myself and do not know whether I need to object to this or not.

Attorney Answers

5
Carin Constantine ·
I am a local attorney in your state and I can give you an answer. In Florida, we use General Magistrates to hear cases that involve Pro Se litigants to hear evidence to assist the Circuit Court Judges with their ever increasing case loads. If you agree to have a GM hear the evidence in your case, he or she will act with the same authority as the Judge does as far as conducting hearings, but cannot make Final Rulings on the ultimate factors. He/she will weigh the evidence and make a written Report and Recommendations to the Judge in your case and will suggest to the Judge what the Ruling should be. The Judge almost always follows the GM's recommendations. The proceedings are recorded for you electronically, and for a small fee you can get a CD of the hearing. If the GM 'rules' against you, you have 10 days to appeal it to the Judge, and you will have to have a new hearing. You do not have to agree to have your case heard by the GM. If you choose to bypass the GM and go straight to the Judge, you must file a written Objection in a timely manner. The nice thing about having a GM hear your case as a Pro Se litigant is that it is usually more casual and the GMs are trained to work with Pro Se litigants. Good luck to you.
0 upvotes
Lee Thompson ·
Have to agree with Mr. Williams. You need to consult local counsel.
0 upvotes
A Williams ·
This is a very specific question. Without knowledge of your case or the posture it has taken, no accurate answer can be given. You need to consult with local counsel.
0 upvotes
Brenda A DrakeChild Custody LawyerJacksonville, FL ·
I may get bashed for this but I find it a little frustrating when attorneys from out of state jump on answering questions only to say, "We don't know the answer and you need to ask an attorney in your state." Leave the question open for a little and you'll find that the Florida attorneys will get around to answering the questions!
0 upvotes
William Rosenfelt ·
I agree with the panel. You need to consult with a local attorney. Bill Rosenfelt 407-462-8787 (Orlando/Longwood/Central Florida)
0 upvotes

People Also Asked