Motion For Referral To General Magistrate - Florida Circuit Court
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4INSTRUCTIONS 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)
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