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Order Of Referral To General Magistrate For Consideration Of All Interlocutory Matters Form. This is a Florida form and can be use in Clay Local County.
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Tags: Order Of Referral To General Magistrate For Consideration Of All Interlocutory Matters, Florida Local County, Clay
IN THE CIRCUIT COURT, FOURTH
JUDICIAL CIRCUIT, IN AND FOR CLAY
COUNTY, FLORIDA
CASE NO.:
DIVISION:
In re: The marriage of
, Husband,
and
, Wife.
/
ORDER OF REFERRAL TO GENERAL MAGISTRATE
FOR CONSIDERATION OF ALL INTERLOCUTORY MATTERS
THIS CAUSE IS HEREBY REFERRED TO MAGISTRATE, William H. Grant, III, as
follows:
A.
Matters Referred.
This cause is referred to the General Magistrate on the following issues:
All non-final (interlocutory) matters, except for any motions on evidentiary issues
pertaining to the final trial. This shall include, but is not necessarily limited to, all
motions currently filed or hereafter filed relating to requests for temporary child custody,
parental responsibility, visitation, spousal and child support.
B.
Rule 12.490, Fla. Fam. L. R. P.
The above issues are referred to the General Magistrate, William H. Grant, III, for further
proceedings under Rule 12.490 of the Florida Family Law Rules of Procedure and
current Administrative Orders of the Court. Financial Affidavits (Florida Family 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 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.
C.
Notice of Hearing.
Either party may schedule any interlocutory matter for hearing before the Magistrate by
coordinating a hearing date and time with the Magistrate=s assistant (904-278-3668) and
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opposing counsel/party. The party setting the motion for hearing shall prepare and serve
a notice of hearing. No further order of referral is required.
D.
Consent of Parties/Objections to Referral.
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 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 Judge in the
division to which the case is assigned.
YOU MUST SERVE A COPY OF YOUR WRITTEN OBJECTION TO THE
REFERRAL ON ALL PARTIES, AS WELL AS THE MAGISTRATE. SERVICE
TO THE MAGISTRATE SHOULD BE BY FACSIMILE (904-278-3603). THE
OBJECTION SHOULD STATE THE AMOUNT OF TIME NEEDED FOR THE
HEARING ON THE CIRCUIT JUDGE=S CALENDAR.
E.
Exceptions to Magistrate=s Report and Recommendations.
REVIEW OF THE MAGISTRATE=S REPORT AND RECOMMENDATIONS SHALL
BE BY EXCEPTIONS AS PROVIDED IN RULE 12.490(F), FLORIDA FAMILY LAW
RULES OF PROCEDURE. A RECORD WHICH INCLUDES A TRANSCRIPT OF
THE PROCEEDINGS BEFORE THE MAGISTRATE MAY BE REQUIRED TO
SUPPORT EXCEPTIONS.
You are advised that in this circuit electronic recording is provided by the court. A party
may bring a court reporter at that party=s expense.
IF YOU SEEK REVIEW OF THE REPORT AND RECOMMENDATION MADE
BY THE 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
SUFFICIENT TO SUPPORT YOUR EXCEPTIONS, OR YOUR EXCEPTIONS
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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.
F.
Duration of referral.
This referral shall be effective through all temporary proceedings, and shall continue in
effect unless and until the case is set for trial before a circuit judge. In the event that trial
is to be set before the Magistrate, a separate order of referral shall be required.
DONE and ORDERED in Chambers at Green Cove Springs, Clay County, Florida, this
_______ day of
, 20
.
CIRCUIT JUDGE
Copies furnished to:
In accordance with the Americans with Disabilities Act of 1990, persons needing a special accommodation to participate
in the proceeding in Duval County or Clay County should contact Court Administration for assistance no later than seven
(7) days before the proceeding at (904) 630-2564. If notice to the individual of a deposition, court date, subpoena, etc., is
less than seven (7) days, the individual should contact the appropriate office as soon as possible after receiving that
notice. If hearing impaired, telephone 1-800-955-8771 (TDD) or 1-800-955-8770 (V), via Florida Relay Service.
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