MAGISTRATE? or JUDGE? only a few days!

[walkssoftly]

What is the name of your state? I live in Az.. the court proceedings are for Fl.

I'm confused. And please if someone can give me advice or information on this issue? I have filed a CIVIL CONTEMPT/ENFORCEMENT (for alimony that has not been paid) A few days ago I recieved a form that states:

ORDER OF REFERRAL TO GENERAL MAGISTRATE
THIS CASE IS REFERRED TO THE GENERAL MAGISTRATE on the following issues: PETITIONER'S MOTION FOR CIVIL CONTEMPT/ENFORCEMENT, AND ANY OTHER MATTER RELATED THERETO.
IT IS FURTHER ORDERED that the above motion(s) and responses are referred to GENERAL MAGISTRATE :::someone's name:::::: for further proceedings, pursuant to Rule 12.490 of the Florida Family Law Rules of Procedure and current administrative orders of the court. Financial affidavits (Family Law Form 12.901(d) or (e), shall be filed in accordance with Rule 12.285, Florida Family Law Rules of Procedure. The general magistrate is authorized to administer oaths and conduct hearings which may 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 for proceedings as soon as reasonabley possible after this referral is made and give notice to each ot the parties either directly or by directing counsel to file a notice of hearing.
Counties within the State of Florida may have different rules. Please consult the Clerk of the Court or Pro Se Coordinator relating to this procedure.
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 WANT TO HAVE THIS MATTER HEARD BY THE GENERAL MAGISTRATE, YOU MUST FILE A WRITTEN OBJECTION TO THE REFERRAL WITHIN 10 DAYS OF THE TIME OF HTE 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 IS DEEMED TO BE A CONSENT TO THE REFERRAL.
I hope that the above helps define what this letter is about? I simply don't know what to do about this. What is best? What difference will it make? I tend to want to say I wish the Judge to oversee this hearring. but only because I don't understand what there is to gain or lose by having a magistrate hear this case. Please.. if anyone can give me some info on this issue? I'd be greatly appreciative. If you need more info. as to what the case is about, Please.. check my other posts.
Thank you in advance for any input you can give me.
I am very greatful.
K

[Gracie3787]

Originally Posted by walkssoftly

What is the name of your state? I live in Az.. the court proceedings are for Fl.

I'm confused. And please if someone can give me advice or information on this issue? I have filed a CIVIL CONTEMPT/ENFORCEMENT (for alimony that has not been paid) A few days ago I recieved a form that states:

ORDER OF REFERRAL TO GENERAL MAGISTRATE
THIS CASE IS REFERRED TO THE GENERAL MAGISTRATE on the following issues: PETITIONER'S MOTION FOR CIVIL CONTEMPT/ENFORCEMENT, AND ANY OTHER MATTER RELATED THERETO.
IT IS FURTHER ORDERED that the above motion(s) and responses are referred to GENERAL MAGISTRATE :::someone's name:::::: for further proceedings, pursuant to Rule 12.490 of the Florida Family Law Rules of Procedure and current administrative orders of the court. Financial affidavits (Family Law Form 12.901(d) or (e), shall be filed in accordance with Rule 12.285, Florida Family Law Rules of Procedure. The general magistrate is authorized to administer oaths and conduct hearings which may 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 for proceedings as soon as reasonabley possible after this referral is made and give notice to each ot the parties either directly or by directing counsel to file a notice of hearing.
Counties within the State of Florida may have different rules. Please consult the Clerk of the Court or Pro Se Coordinator relating to this procedure.
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 WANT TO HAVE THIS MATTER HEARD BY THE GENERAL MAGISTRATE, YOU MUST FILE A WRITTEN OBJECTION TO THE REFERRAL WITHIN 10 DAYS OF THE TIME OF HTE 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 IS DEEMED TO BE A CONSENT TO THE REFERRAL.
I hope that the above helps define what this letter is about? I simply don't know what to do about this. What is best? What difference will it make? I tend to want to say I wish the Judge to oversee this hearring. but only because I don't understand what there is to gain or lose by having a magistrate hear this case. Please.. if anyone can give me some info on this issue? I'd be greatly appreciative. If you need more info. as to what the case is about, Please.. check my other posts.
Thank you in advance for any input you can give me.
I am very greatful.
K

It really doesn't matter which you do. A magistrate's findings and "recommendations" are almost 100% of the time signed by a Judge. The order will be just as legal, enforceable, modifiable, and appealable as an order that was heard by a Judge.

The reason that the state had to go with General Magistrates or hearing officers is because the family court system has so many cases that there aren't enough Judges to be able to hear every case within a reasonable time.

[walkssoftly]

(((((Gracie3787))))))
Thank you very much for this information.. I appreciate your explanation and answers. This helps me alot. When a person has no legal education, it's so hard to know which way to turn. I will go along with the General Magistrate and make things easier on all I hope..
God Bless you for your help.
K