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

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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE (Florida)

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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 possible after 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 a notice 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,
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)
along with an Order of Referral to General Magistrate, Florida Family Law Rules of Procedure Form
12.920(b), and an addressed, stamped envelope for each party in the case. The judge will then either
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, you should 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, before you decide to object to an Order of Referral to General
Magistrate, you should consider the potential extra costs 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]: ( ) e-mailed ( ) 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: _______________________
E-mail Address(es):___________________
Signature of Party or his/her attorney:
Printed Name: ______________________
Address: __________________________
City, State, Zip: _____________________
Telephone Number: _________________
Fax Number:________________________
E-mail Address(es):__________________
Florida Bar Number:_________________
Florida Family Law Rules of Procedure Form 12.920(a), Motion for Referral to General Magistrate (09/12)
IF A NONLAWYER HELPED 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)
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INSTRUCTIONS FOR FLORIDA FAMILY LAW RULES OF PROCEDURE (Florida)

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Completed 27 April 2021

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