08-15-2017, 06:27 PM
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#2182
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A general Magistrate in Florida is a BAR member that has been appointed to the position by a chief circuit judge.
They have virtually all of the same powers as a judge and will conduct a hearing before writing a report and submitting it to a circuit judge. The parties in the case will then have the opportunity to file exceptions to that proposed ruling and cross-exceptions. Following this period, the judge will then either adopt the proposed resolution in the report or modify it.
Below is the text regarding general magistrates in the most recent filing
Quote:
The General Magistrate is authorized to administer oaths and conduct hearings, as may be deemed
necessary, which may include the taking of evidence. As soon as practicable, the General Magistrate shall
file a Report and Recommendation, that contains findings of fact, conclusions of law, and the
recommendation as to a ruling by the Court, and shall submit, as may be appropriate, a Recommended Order
of General Magistrate.
If required by the General Magistrate, the attorneys shall prepare a Recommended Order of General
Magistrate. Failure to submit said Recommended Order of General Magistrate in a timely manner may result
In sanctions being imposed by the Circuit Court Judge.
Review of the Report and Recommendation made by the General Magistrate shall be by exceptions filed
within 10 days after it is served, as provided in Rule 1.490(i), Florida Rules of Civil Procedure. Any party may
file cross-exceptions within 5 days from the service of the exceptions. If no exceptions are timely filed, the
Court shall take appropriate action on the report. If exceptions are timely filed, the Court shall resolve the
exceptions at a hearing on reasonable notice.
Any party filing exceptions will be required to provide the Court with a record sufficient to support the
exceptions, or the exceptions may be denied. A record sufficient to support exceptions may require a written
transcript of the relevant proceedings. The record shall include the court file, designated portions of the
transcript of proceedings before the General Magistrate, and all depositions and evidence presented to the
General Magistrate. The designated transcript portions must be delivered to the Court and all other parties
at least 48 hours before the hearing. If the party filing exceptions has less than a full transcript of the
proceeding before the General Magistrate prepared, that party must promptly file a notice designating the
portions of the transcript that will be transcribed, and the other parties must be given reasonable time after
service of the notice to arrange for the preparation and designation of other portions of the transcript for the
Court to consider at the hearing.
Though civil proceedings before a Judge are not electronically recorded by the Court, parties are advised that
civil proceedings before a Magistrate ONLY will be electronically recorded by the Court, or alternatively, any
party may elect to provide a live Court Reporter at that party's own expense. If a live Court Reporter is
provided by a party, requests for transcripts must be submitted to that Court Reporter. If no live Court
Reporter is provided by a party, a party may request an electronic certified copy of the proceeding on CD, at
that party's expense, and may then have the recording transcribed, at that party's expense. Providing the
Court with a copy of the CD, instead of a certified written transcript, is insufficient for review by the Court of
exceptions. Media request forms, procedures, and fees, and a list of approved Transcriptionists are available
on the Court's website, www.ca.cjis20.org, or by calling the Court's Electronic Court Reporting Department
at 239-533-8207.
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