Orlando Magistrate Hearing Attorneys
A General Magistrate Can Be Assigned to Your Case– Call Us Today (800) 822-5170
Yes. In Florida, your divorce, modification or paternity case may be referred by the court to the general magistrate. Our Orlando family law attorneys have extensive experience litigating in front of both judges and general magistrates. A general magistrate is not the same thing as a judge. Unlike a person who is appointed to the serve the bench, a general magistrate is an attorney that is licensed in the state of Florida selected by the court to assist in the hearing of cases. Often general magistrates are selected specifically because they allow parties to have their matters heard faster than if they had their case heard in front of the circuit court judge.
If your case is referred to the general magistrate, and neither party objects, the magistrate will conduct hearings on all the issues referred to them. At these hearings the magistrate will take testimony, rule on evidentiary issues and even issue a ruling. However, the main distinction between a judge and a general magistrate is that, unlike a judge, the general magistrate does not have the authority to enter a court order.
Instead their rulings are known as a Report and Recommendation, the Report and Recommendation is submitted to the judge for his or her review. If neither party objects to the report and recommendation, then the judge will enter an enforceable order accepting the magistrate's report and recommendation.
If a party wishes to object the magistrate's report and recommendation, our Orlando family law attorneys are experienced in objecting to the general magistrate’s ruling and seeking other remedies with the court. Our Orlando office can assist you with navigating the court system if a general magistrate has been assigned to your case, as well as filing an objection if necessary.
Presenting your case to the general magistrate or seeking an objection can be an intimidating task. The cases referred to the general magistrate require an understanding of the Florida Family Law Rules of Procedure that many attorneys take years to grasp. Our Orlando divorce lawyers have the knowledge to assist you in successfully navigating the court system.
Contact our office and put our experience to work for you.