General Magistrates

Posted on Mon, Jul 15, 2019

Pursuant to family law rules of procedure, family matters may be referred to general magistrates if the parties do not file a timely objection. Following an evidentiary hearing before the magistrate, a report and recommendation is issued to the circuit judge, which contains findings of fact, conclusions of law, and recommendations.

If no exceptions to the magistrate’s report are filed within the time allotted, the court shall take appropriate action on the report. The Florida Supreme Court defined appropriate action to mean that a judge has carefully considered whether the evidence and facts as fully set forth in a magistrate’s report support the recommendations of the magistrate; whether the recommendations are justified under the law. If such a review is performed, and no exceptions were filed, it is adequate. If exceptions are timely filed, the circuit judge must hold a hearing before acting on the magistrate’s report and recommendation.

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