Court & Hearings
Your Case Got Sent to a General Magistrate. Here’s What That Actually Means.
A referral to a General Magistrate is not a detour, and it is not a practice round. It is a real hearing with real deadlines on both sides of it. Here is how it works in Florida family court, and how to walk in ready.
The order nobody explains
You open the court’s mail expecting a hearing date in front of your judge. Instead you get an “Order of Referral to General Magistrate.” It names someone you have never heard of and has a block of capital letters about objections. Most people skim it, set it aside, and show up on the hearing date.
That block of capital letters is the most time-sensitive part of the page. Understanding what a General Magistrate does, and what that order is asking you to decide, can change how your case goes.
Who a General Magistrate is (and isn’t)
A General Magistrate, or “GM,” is a Florida lawyer the court appoints to hear specific parts of a family case. Common referrals include child support, temporary relief while a case is pending, and enforcement or contempt issues. The referral order has to say exactly which matters are being sent and name the specific magistrate who will hear them.
A GM is not a mediator. A mediator helps the two sides reach their own agreement. A GM takes sworn testimony, reviews evidence and decides what the facts are. A GM is not your judge either, and that difference matters.
The judge still has the final word
After the hearing, the GM writes a recommended order. It contains findings of fact, meaning what the GM believes happened, and conclusions of law, meaning how the law applies to those facts. That recommendation goes to the judge.
Under the current rule, the judge must enter the recommended order promptly unless it is facially or legally deficient. In practice, the GM’s recommendation usually becomes your court order, and quickly. Do not count on the judge to catch a problem on their own. If something is wrong, you have to raise it.
You can say no, but only for a few days
A referral to a General Magistrate requires the consent of every party. You are entitled to have your matter heard by a judge. To use that right, you must file a written objection to the referral, generally within 10 days of being served with the referral order. If the hearing is set less than 10 days out, the objection must be filed before the hearing begins.
Objecting is not always the right move. Judges’ calendars are often crowded, and a GM can usually hear your case sooner. It is a strategic decision, and you need to make it on purpose and on time.
Treat the hearing like trial
This is where people get hurt. A GM hearing feels smaller than a courtroom hearing. It may be in a conference room or on Zoom, and it may be shorter. But the GM is deciding facts based on the evidence actually presented. Anything you do not bring in, the GM cannot rely on.
That means preparing the way you would for trial. Have your updated financial affidavit and your mandatory disclosure in order. Organize your exhibits, mark them and make copies for the other side and the GM. Confirm your witnesses are available. Know what you are asking for and the numbers behind it. If the hearing is about support, your income evidence and the other side’s income evidence are the case.
The record is your safety net
The GM is required to make a record of the hearing, and the parties cannot waive that requirement. In many courtrooms the record is an electronic recording the court provides. You can also hire a court reporter at your own expense.
The record matters most when you want to challenge the recommendation. The person seeking review generally has to get a transcript of the relevant testimony prepared and pay for it up front. The transcript must be delivered to the judge and the other parties before the review hearing. Without it, the judge has very little to review, and “that’s not what the witness said” becomes nearly impossible to prove. If there is any chance you will contest the outcome, plan for the transcript before the hearing, not after.
If the recommendation goes against you, the clock is short
Under the current version of Florida Family Law Rule of Procedure 12.490, you challenge a recommended order by filing a motion to vacate. The deadline is short: 15 days from when the order is entered. When you file, you must also try to schedule the hearing. The motion is generally heard within 30 days, and a timely motion pauses enforcement of the order until the judge rules.
Two practical points. First, calendar the deadline the day you receive the order. Fifteen days goes quickly when you are waiting on a transcript. Second, “I disagree” is not a basis to vacate. The motion has to show error. Either the findings are not supported by the evidence in the record, or the GM applied the law incorrectly. Unhappiness with the result is not enough on its own.
A GM can work in your favor
None of this means a GM is bad news. Magistrates often hear only one kind of issue, so they know the support guidelines and enforcement tools well. Hearings are usually scheduled faster, focused on a narrow issue, and less expensive than waiting months for time on a judge’s trial calendar. When you come in prepared, a GM hearing can be the fastest way to get relief.
Questions to bring to your attorney
If you have a referral order, ask these out loud. Should we object to the referral, and how many days do we have? Exactly which issues were referred? What evidence and witnesses do we need for this hearing? Will the court record it, or should we bring a court reporter? If the recommendation goes against us, who orders the transcript, and what is our deadline to file a motion to vacate?
GM hearing on your calendar? Let’s get you ready.
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