What is the difference between a general magistrate and a judge?

Magistrates have fewer and more limited powers than judges. They can hear different types of cases. Judges generally hear larger, more complex cases while magistrates hear smaller matters such as petty crime and traffic offenses. Magistrates have a smaller area of jurisdiction such as a city or county.

What is a motion for referral?

Motion to Refer means a Motion to dispose of a question under consideration, with or without any proposed amendment, in order to seek consideration by, and, if deemed desirable, one or more reports from any Committee, body or official. Sample 1.

Can a general magistrate finalize a divorce?

If your case is referred to a general magistrate, know that a general magistrate is not the same thing as a judge. Primarily, they differ in that magistrates lack the power to issue final divorce orders. These orders require parties to act — or, alternatively, refrain from acting — and can only be ordered by a judge.

What does a magistrate lawyer do?

Magistrate. Magistrates are lawyers who have worked for at least five years. A magistrate hears evidence and decides whether a person is guilty or not guilty to an offence as charged. A magistrate imposes a penalty on those who are either found guilty or plead guilty to offences.

Can a party object to a general magistrate referral?

No. Any party can object to the referral to a General Magistrate, so long as he does so within 10 days after service of the referral upon that party. Otherwise, the law assumes you consent to the referral. Additionally, a Party can object before the time a responsive pleading is due, if the referral occurred within 20 days of when action filed.

When does a case go to a magistrate?

When certain documents or motions are filed with the court, the court may tag them to be referred to the magistrate instead. For example, when a party files a Motion for Temporary Needs, the judge may sign an order referring the case to the magistrate’s office.

When does a motion for temporary needs go to magistrate?

For example, when a party files a Motion for Temporary Needs, the judge may sign an order referring the case to the magistrate’s office. When that happens, both parties receive a copy of the order and have ten (10) days to object to the transfer.

What to do if your case is referred to the general in Florida?

Every referral also must include other dry, standard language per Florida Statutes. If you’ve received a referral and want to know if it complies with Florida law, contact one of the family law attorneys at The Marks Law Firm for review of your documents. If the General Magistrate’s Report and Recommendation get it wrong, am I stuck with them?