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They are appointed by the chief judge to hear cases and make findings of fact and recommendations in a General Magistrate's Report to judges in the Family, Circuit Civil, Unified Children's Court and Probate Divisions.
Florida Family Law Rule 12.490 provides for the appointment of general magistrates to hear Family Division cases. The magistrate hears testimony, rules on objections and admissibility of evidence, and renders a decision and recommended order.
Remember, while helpful, magistrates are not judges. They were not appointed by the governor or by voters. General magistrates are licensed attorneys selected by a judge to help deal with large caseloads. Instead of issuing an order, the magistrate must submit a written recommendation to the judge for approval.
A REFERRAL TO A GENERAL MAGISTRATE REQUIRES THE CONSENT OF ALL PARTIES. YOU ARE ENTITLED TO HAVE THIS MATTER HEARD BEFORE A JUDGE. IF YOU DO NOT WANT TO HAVE THIS MATTER HEARD BEFORE THE GENERAL MAGISTRATE, YOU MUST FILE A WRITTEN OBJECTION TO THE REFERRAL WITHIN 10 DAYS OF THE TIME OF SERVICE OF THIS ORDER.
After a party seeking affirmative relief in an action has completed the presentation of evidence, any other party may move for a dismissal on the ground that on the facts and the law the party seeking affirmative relief has shown no right to relief, without waiving the right to offer evidence if the motion is not ...