Fillable INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE (Florida)

Fill Online, Printable, Fillable, Blank INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE (Florida) Form

Use Fill to complete blank online FLORIDA pdf forms for free. Once completed you can sign your fillable form or send for signing. All forms are printable and downloadable.

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE (Florida)

On average this form takes 21 minutes to complete

The INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE (Florida) form is 9 pages long and contains:

  • 0 signatures
  • 19 check-boxes
  • 76 other fields

Country of origin: US
File type: PDF

BROWSE FLORIDA FORMS

Related forms
Fill has a huge library of thousands of forms all set up to be filled in easily and signed.
Fill in your chosen form
Sign the form using our drawing tool
Send to someone else to fill in and sign.
find another form
 
INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE
FORMS 12.920(a), MOTION FOR REFERRAL TO GENERAL MAGISTRATE,
12.920(b), ORDER OF REFERRAL TO GENERAL MAGISTRATE, and
12.920(c), NOTICE OF HEARING BEFORE GENERAL MAGISTRATE
(09/12)
When should these forms be used?
A general magistrate is an attorney appointed by a judge to take testimony and recommend decisions
on certain matters connected with a divorce. These recommendations are then reviewed by the judge
and are generally approved unless contrary to the law or the facts of the case. The primary purposes of
having general magistrates hear family law matters are to reduce the costs of litigation and to speed up
cases. Either party may request that their case, or portions of their case, be heard by a general
magistrate by filing Motion for Referral to General Magistrate, Florida Family Law Rules of Procedure
Form 12.920(a). You must also prepare an Order of Referral to General Magistrate, Florida Family Law
Rules of Procedure Form 12.920(b), to submit to the judge assigned to your case.
Many times, the court, either on its own motion or under current administrative orders of the court,
may refer your case to a general magistrate. Even in those instances, you may be required to prepare
and submit an Order of Referral to General Magistrate, Florida Family Law Rules of Procedure Form
12.920(b), to the judge.
Once a general magistrate has been appointed to your case, the general magistrate will assign a time
and place for a hearing as soon as reasonably possibleafter the referral is made. The general magistrate
will give notice of that hearing to each of the parties directly or will direct a party or attorney in the case
to file and serve anotice of hearing on the other party. If you are asked to send the notice of hearing,
you will need to use the form entitled Notice of Hearing Before General Magistrate, Florida Family Law
Rules of Procedure Form 12.920(c). Regardless of who prepares the notice of hearing, the moving party
(the one who requested referral to the general magistrate)is required to have the notice properly
served on the other party.
These forms should be typed or printed in black ink. After completing this form, you should file the
original with the clerk of the circuit court in the county where your case is filed and keep a copy for your
records.
What should I do next?
If you are filing a Motion for Referral to General Magistrate, Florida Family Law Rules of Procedure
Form 12.920(a), you need to send or deliver your motion directly to the judge assigned to your case,
along with an Order of Referral to General Magistrate, Florida Family Law Rules of Procedure Form
12.920(b), and an addressed, stamped envelopeforeach party in the case. The judge will then either
Instructions for Florida Family Law Rules of Procedure Forms 12.920(a), Motion for Referral to General Magistrate,
12.920(b), Order of Referral to General Magistrate, and 12.920(c), Notice of Hearing Before General Magistrate
(09/12)
grant or deny the motion, usually without a hearing.
If you are required to submit an Order of Referral to General Magistrate, Florida Family Law Rules of
Procedure Form 12.920(b), to the judge assigned to your case, you will need to send or deliver the order
directly to the judge, along with addressed, stamped envelopes for each party in the case.
The party who prepares any of these forms must file the original with the clerk of the circuit court. A
copy of the motion must be served on any other party in your case.
Service must be in accordance with Florida Rule of Judicial Administration 2.516.
Where can I look for more information?
Before proceeding, youshould read General Information for Self-Represented Litigants found at the
beginning of these forms. The words that are in bold underline in these instructions are defined there.
For further information, see Florida Family Law Rule of Procedure 12.490.
Special notes...
IMPORTANT: After the judge refers your case to a general magistrate, either party (including the party
who was required to prepare and submit the Order of Referral) may object to the referral within 10
days of the date that the referral is made (if the Order of Referral is served by mail, the parties have
an additional 5 days within which to object to the referral). Every litigant is entitled to have his or her
case heard by a judge. However, beforeyou decide to object to an Order of Referral to General
Magistrate, you should consider the potentialextracosts and time delays that may result from having a
judge hear your case instead of a general magistrate. You may want to speak with an attorney in your
area who can assist you in making a more informed decision regarding whether you should file an
objection to an Order of Referral to General Magistrate.
Remember, a person who is NOT an attorney is called a nonlawyer. If a nonlawyer helps you fill out
these forms, that person must give you a copy of Disclosure from Nonlawyer, Florida Family Law Rules
of Procedure Form 12.900(a), before he or she helps you. A nonlawyer helping you fill out these forms
also must put his or her name, address, and telephone number on the bottom of the last page of every
form he or she helps you complete.
Instructions for Florida Family Law Rules of Procedure Forms 12.920(a), Motion for Referral to General Magistrate,
12.920(b), Order of Referral to General Magistrate, and 12.920(c), Notice of Hearing Before General Magistrate
(09/12)
_________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA
Case No: ________________________
Division: ________________________
_________________________________,
Petitioner,
and
_________________________________,
Respondent.
MOTION FOR REFERRAL TO GENERAL MAGISTRATE
I, {full legal name} , request that the Court enter an order referring this case to
a general magistrate. The case should be referred to a general magistrate on the following issues:
{explain}
I certify that a copy of this document was [check all used]: ( ) emailed ( ) mailed ( ) faxed ( ) hand
delivered to the person(s) listed below on {date} ____________________________.
Other party or his/her attorney:
Name: ____________________________
Address: __________________________
City, State, Zip: _____________________
Fax Number: _______________________
Email Address(es):___________________
Florida Family Law Rules of Procedure Form 12.920(a), Motion for Referral to General Magistrate(09/12)
_________________________________
Signature of Party or his/her attorney:
Printed Name: ______________________
Address: ___________________________
City, State, Zip:______________________
Telephone Number:__________________
Fax Number:________________________
Email Address(es):__________________
Florida Bar Number:________________
IF A NONLAWYERHELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent
This form was completed with the assistance of:
{name of individual}____________________________________,
{name of business} ____________________________________________________________________,
{address} _______________________________,
{city} _____________________,{state} _________, {telephone number} __________________.
Florida Family Law Rules of Procedure Form 12.920(a), Motion for Referral to General Magistrate(09/12)
IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA
Case No: ________________________
Division: ________________________
_________________________________,
Petitioner,
and
_________________________________,
Respondent.
ORDER OF REFERRAL TO GENERAL MAGISTRATE
THIS CASE IS REFERRED TO THE GENERAL MAGISTRATE on the following issues:
1. __________________________________________________________________________________
2. __________________________________________________________________________________
3. __________________________________________________________________________________
4. __________________________________________________________________________________
AND ANY OTHER MATTER RELATED THERETO.
IT IS FURTHER ORDERED that the above issues are referred to General Magistrate
{name}
________________________________________________________________________________ ,
for further proceedings, under rule 12.490 of the Florida Family Law Rules of Procedure and current
administrativeorders of the Court. Financial Affidavits, FloridaFamily Law Rules of Procedure Form
12.902(b) or (c), shall be filed in accordance with Florida Family Law Rule of Procedure 12.285. The
General Magistrate is authorized to administer oaths and conduct hearings, whichmay include taking of
evidence, and shall file a report and recommendations that contain findings of fact, conclusions of law,
and the name of the court reporter, if any.
The General Magistrate shall assign a time forthe proceedings as soon as reasonably possibl eafterthis
referral is made and shall give notice to each of the parties either directly or by directing counsel or a
party to file and serve a notice of hearing.
Counties within the State of Florida may have different rules. Pleaseconsult the ( ) Cl erk of the Court
( ) Family Law Intake Staff ( ) other __________________________________________ relating to
this procedure.
Florida Family Law Rules of Procedure Form 12.920(b), Order of Referral to General Magistrate(09/12)
A REFERRAL TO A GENERAL MAGISTRATE REQUIRES THE CONSENT OF ALL PARTIES. YOU ARE
ENTITLED TO HAVE THIS MATTER HEARD BY A JUDGE. IF YOU DO NOT WANTTO HAVE THIS MATTER
HEARD BY THE GENERAL MAGISTRATE, YOU MUST FILE A WRITTEN OBJECTION TO THE REFERRAL
WITHIN 10 DAYS OF THE TIME OF SERVICE OF THIS ORDER. IF THE TIME SET FOR THE HEARING IS LESS
THAN 10 DAYS AFTER SERVICE OF THIS ORDER, THE OBJECTION MUST BE MADE BEFORE THE
HEARING. IF THIS ORDER IS SERVED WITHIN THE FIRST 20 DAYS AFTER SERVICE OF PROCESS, THE
TIME TO FILE AN OBJECTION IS EXTENDED TO THE TIME WITHIN WHICH A RESPONSIVE PLEADING IS
DUE. FAILURE TO FILE A WRITTEN OBJECTION WITHIN THE APPLICABLE TIME PERIOD IS DEEMED TO
BE A CONSENT TO THE REFERRAL.
If either party files a timely objection, this matter shall be returned to the undersigned judge with a
notice stating the amount of time needed for hearing.
REVIEW OF THE REPORT AND RECOMMENDATIONS MADE BY THE GENERAL MAGISTRATE SHALL BE BY
EXCEPTIONS AS PROVIDED IN RULE 12.490(f), FLORIDA FAMILY LAW RULES OF PROCEDURE. A
RECORD, WHICH INCLUDES A TRANSCRIPT, MAY BE REQUIRED TO SUPPORT EXCEPTIONS.
YOU ARE ADVISED THAT IN THIS CIRCUIT:
a. ______electronicrecording is provided by the court. A party may provide a court
reporter at that party’s expense.
b.______ a court reporter is provided by the court.
SHOULD YOU WISH TO SEEK REVIEW OF THE REPORT AND RECOMMENDATION MADE BY THE
GENERAL MAGISTRATE, YOU MUST FILE EXCEPTIONS IN ACCORDANCE WITH RULE 12.490(f), FLORIDA
FAMILY LAW RULES OF PROCEDURE. YOU WILL BE REQUIRED TO PROVIDE THE COURT WITH A
RECORD SUFFICIENTTO SUPPORT YOUR EXCEPTIONS, OR YOUR EXCEPTIONS WILL BE DENIED. A
RECORD ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS. THE
PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT PREPARED IF NECESSARY FOR THE COURT’S
REVIEW.
ORDERED on ___________________________.
CIRCUIT JUDGE
COPIES TO:
Petitioner (or his or her attorney)
Respondent (or his or her attorney)
General Magistrate
Florida Family Law Rules of Procedure Form 12.920(b), Order of Referral to General Magistrate( 09/12)
______________________________________________________________________________________
________________________________________________________________________________________
IN THE CIRCUIT COURT OF THE _____________________ JUDICIAL CIRCUIT,
IN AND FOR ______________________________ COUNTY, FLORIDA
Case No: ________________________
Division: ________________________
_________________________________,
Petitioner,
and
_________________________________,
Respondent.
NOTICE OF HEARING BEFORE GENERAL MAGISTRATE
[fill in all blanks]
TO: _________________________________________________________
There will be a hearing before General Magistrate {name of generalmagistrate}___________________,
on {date} __________, at {time} ____ m., in Room _________ of the _____________________________
Courthouse, on the following issues: _____________________________________________________
_______hour(s)/ _____ minutes have been reserved for this hearing.
PLEASE GOVERN YOURSELF ACCORDINGLY.
If the matter before the General Magistrate is a Motion for Civil Contempt/Enforcement, FAILURE TO
APPEAR AT THE HEARING MAY RESULT IN THE COURT ISSUING A WRIT OF BODILY ATTACHMENT FOR
YOUR ARREST. IF YOU ARE ARRESTED, YOU MAY BE HELD IN JAIL UP TO 48 HOURS BEFORE A
HEARING IS HELD.
PLEASE GOVERN YOURSELF ACCORDINGLY.
This part to be filled out by the court or filled in with information you have obtained from the court:
If you are a person with a disability who needs any accommodation in order
to participate in this proceeding, you are entitled, at no costto you, to the
provision of certain assistance. Please contact:___________________________
{identifyapplicablecourt personnel by name, address, and telephonenumber}
at least 7 days before your scheduled court appearance, or immediately upon
Florida Family Law Rules of Procedure Form 12.920(c), Notice of Hearing Before General Magistrate(09/12)
____________________________________________
receiving this notification if the time before the scheduled appearance is less
than 7 days; if you are hearing or voice impaired, call 711.
SHOULD YOU WISH TO SEEK REVIEW OF THE REPORT AND RECOMMENDATION MADE BY THE
GENERAL MAGISTRATE, YOU MUST FILE EXCEPTIONS IN ACCORDANCE WITH RULE 12.490(f), FLORIDA
FAMILY LAW RULES OF PROCEDURE. YOU WILL BE REQUIRED TO PROVIDE THE COURT WITH A
RECORD SUFFICIENTTO SUPPORT YOUR EXCEPTIONS, OR YOUR EXCEPTIONS WILL BE DENIED. A
RECORD ORDINARILY INCLUDES A WRITTEN TRANSCRIPT OF ALL RELEVANT PROCEEDINGS. THE
PERSON SEEKING REVIEW MUST HAVE THE TRANSCRIPT PREPARED IF NECESSARY FOR THE COURT’S
REVIEW.
YOU ARE HEREBY ADVISED THAT IN THIS CIRCUIT:
a.______ electronic recording is provided by the court. A party may provide
a court reporter at that party’s expense.
b.______ a court reporter is provided by the court.
If you are represented by an attorney or plan to retain an attorney for this matter you should notify the
attorney of this hearing.
If this matter is resolved, the moving party shall contact the General Magistrate ’s Office to cancel this
hearing.
I certify that a copy of this document was [check all used]: ( ) emailed ( ) mailed
( ) faxed ( ) hand delivered to the person(s) listed below on {date} ___________________.
Other party or his/her attorney:
Name: _______________________________________
Address: ______________________________________
City, State, Zip: _________________________________
Fax Number: ___________________________________
Email Address(es):________________________________
Signature of Party or his/her Attorney
Printed Name: ________________________________
Address: _____________________________________
City, State, Zip:_______________________________
Telephone Number:__________________________
Fax Number: __________________________________
Email Address(es):____________________________
Florida Bar Number:__________________________
Florida Family Law Rules of Procedure Form 12.920(c), Notice of Hearing Before General Magistrate(09/12)
IF A NONLAWYERHELPED YOU FILL OUT THIS FORM, HE/SHE MUST FILL IN THE BLANKS BELOW:
[fill in all blanks] This form was prepared for the: {choose only one} ( ) Petitioner ( ) Respondent
This form was completed with the assistance of:
{name of individual}________________________________,
{addresst} _______________________________________________,
{city} ____________________,{state} _________, {telephone number} _________________________.
Florida Family Law Rules of Procedure Form 12.920(c), Notice of Hearing Before General Magistrate(09/12)
Download
Save PDF to desktop
Email
Email completed PDF
Send for Signing
Email for others to sign
Print
Print document
Choose a Field
Click on a field and
select the person that should complete it
Want to add a signature?
You can add a signature field
and assign it to someone else
to sign
Choose a Field
Click on a field and
select the person that should complete it

INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE (Florida)

This document is locked as it has been sent for signing.

You have successfully completed this document.

Other parties need to complete fields in the document. You will recieve an email notification when the document has been completed by all parties.

This document has been signed by all parties.

Completed 10 January 2021

Message

View Audit Log
Print With Audit Log
Duplicate Document