Name: 總裁判官 (General Magistrate)
Uploaded: 2021-01-14T07:08:18.000Z
Duration: 2 min 50 s
Description: 【看影片學英語】數萬部 YouTube 影片，搭配英漢字典即點即查，輕鬆掌握單字發音與用法，長久累積看電影不必再看字幕。

A judge’s workload can get pretty heavy.

As a result, there exists a different type of judge, appointed by the judge to help out.

One who handles a certain portion of the judicial load.

And this individual might be assigned to a case of yours.

In fact, they can be assigned to any civil case.

In Florida, they are referred to as “general magistrates.”

General magistrates are actually attorneys acting as judges—they hear testimony and

rule on objections and evidentiary matters.

Oh, but they don’t get to wear the black robe.

Something else they can’t do is issue a Final Order requiring a party to act.

Instead the magistrate submits a report and recommendation to the circuit court judge

assigned to the case, for their approval.

This report and recommendation contains finding of fact and conclusions of law.

If the court decides to refer some part of your case to a general magistrate, either

you or your opponent can object within ten days of receiving what’s known as the “Notice

Generally speaking, plaintiffs favor a magistrate because of expediency—a magistrate can help

And defendants usually don’t favor a referral to a magistrate for that same reason.

If the court doesn’t hear from either side, they will assume both parties consented.

The Notice of Referral must specifically state what the court is referring to the magistrate

And the magistrate can only make their report and recommendation based on what’s outlined

Any recommendation and report dealing with any other issues essentially has no meaning.

If you have any objections to the magistrate’s report, you must file what’s known as an

An exception must be filed within ten days of receiving notice of the report and recommendation.

Just like the initial referral, your exceptions must be made with specificity.

And you want to have records to support your case for an exception.

Just as with an appeal of a judge’s decision, you’ll want to have a transcript of the

This means you should hire a court reporter to be at the hearing before the magistrate.

Of course you can find out more about court reporters through LegalYou’s video on the

If the court, after all this, finds your exceptions are valid, it may hold off on entering a final

order until there is a hearing on those exceptions.

Like anything having to do with litigation, when dealing with a referral to a magistrate,

you’ve got to keep your eye on the ball and keep giving it the full….court press.