General Magistrate
A Levels Academy Islamabad
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00:00A judge's workload can get pretty heavy, requiring a lot of gavel-hitting.
00:05As a result, there exists a different type of judge, appointed by the judge to help out.
00:11One who handles a certain portion of the judicial load.
00:14And this individual might be assigned to a case of yours.
00:17In fact, they can be assigned to any civil case.
00:21They are called magistrates.
00:23In Florida, they are referred to as general magistrates.
00:29General magistrates are actually attorneys acting as judges.
00:32They hear testimony and rule on objections and evidentiary matters.
00:36Oh, but they don't get to wear the black robe.
00:40Something else they can't do is issue a final order, requiring a party to act.
00:45Only a judge can do that.
00:46Instead, the magistrate submits a report and recommendation to the circuit court judge
00:51assigned to the case for their approval.
00:54This report and recommendation contains findings of fact and conclusions of law.
00:59If the court decides to refer some part of your case to a general magistrate, either
01:03you or your opponent can object within 10 days of receiving what's known as the notice
01:08of referral.
01:10Generally speaking, plaintiffs favor a magistrate because of expediency.
01:14A magistrate can help the case get resolved faster.
01:17And defendants usually don't favor a referral to a magistrate for that same reason.
01:23If the court doesn't hear from either side, they will assume both parties consented.
01:28The notice of referral must specifically state what the court is referring to the magistrate
01:33regarding the case.
01:35And the magistrate can only make their report and recommendation based on what's outlined
01:40in that referral.
01:42Any recommendation and report dealing with any other issues essentially has no meaning.
01:47If you have any objections to the magistrate's report, you must file what's known as an
01:51exception.
01:53An exception must be filed within 10 days of receiving notice of the report and recommendation.
01:59Just like the initial referral, your exceptions must be made with specificity.
02:04And if you want to have records to support your case for an exception, just as with an
02:07appeal of a judge's decision, you'll want to have a transcript of the proceedings available.
02:13This means you should hire a court reporter to be at the hearing before the magistrate.
02:18Just as you would a regular judge.
02:21Of course, you can find out more about court reporters through LegalYou's video on the
02:25subject.
02:26If the court, after all this, finds your exceptions are valid, it may hold off on entering a final
02:31order until there is a hearing on those exceptions.
02:34Like anything having to do with litigation, when dealing with a referral to a magistrate,
02:39you've got to keep your eye on the ball and keep giving it the full court press.
02:44LegalYou can help you do that.
02:46LegalYou.
02:47Where you are your own best lawyer.