Omar Bennett
In Florida, special masters are adjuncts of the court, appointed by the presiding judge to perform specific tasks in particular cases. Effective October 1, 2004, the Supreme Court of Florida amended the terminology used in Rules 1.490, 12.492, and 5.697, replacing all references to special master with special magistrate. The change was largely administrative and cosmetic, with both terms denoting court appointees with varying degrees of limited judicial authority. Special magistrates are appointed by the court for any particular service required, except in cases involving injunctions for protection against domestic violence, repeat violence, dating violence, sexual violence, and stalking. They are governed by the same rules as general magistrates and are not required to take an oath or give bond unless specified by the court. Good cause must be shown for the appointment of a special magistrate, and they are permitted to set hearings and rule upon objections.
| Characteristics | Values |
|---|---|
| Nature of Work | Special magistrates are appointed by the court for specific tasks or cases. |
| Appointment | The court appoints special magistrates, who are typically members of The Florida Bar. |
| Oath and Bond | Special magistrates are not required to take an oath or give a bond unless specified by the court. |
| Qualifications | Qualifications should be addressed in the order of referral. |
| Authority | Special magistrates have limited judicial authority, deriving their powers from the court's appointment. |
| Affidavit | An affidavit of disqualification may be filed in state court cases. |
| Exceptions | Cross-exceptions may be filed within 5 days, but they do not delay hearings unless good cause is shown. |
| Hearing | Special magistrates set the time and place for hearings, notifying all parties. If a party fails to appear, the magistrate may proceed ex parte or adjourn. |
| Expenses | The costs of a special magistrate may be assessed and prepaid as ordered by the court. |
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What You'll Learn
- Special Magistrates are private judges appointed by the court
- Special Magistrates can be appointed to preside over depositions and rule upon objections
- Special Magistrates are governed by the same rules as General Magistrates
- Special Magistrates are appointed to serve in specific cases
- Special Magistrates can be appointed to dispose of real or personal property
Special Magistrates are private judges appointed by the court
In Florida, Special Magistrates, also known as Special Masters, are private judges appointed by the court. They are appointed by agreement of the parties to make rulings on some or all of the parties' cases, subject to the court's oversight if required by law. Special Magistrates are typically appointed by the presiding judge to serve in specific cases. Their authority and duties derive from the order appointing them, and they exercise limited judicial authority.
Special Magistrates often address discovery matters, review evidence, hear motions, facilitate settlements, and make recommendations to the court. This helps to relieve the litigants and the court from having to wait long periods for their motion or issue to be heard. They often look and behave like judges, but their power is limited to the authority granted to them by the court and the parties.
Special Magistrates are governed by the same laws and rules as general magistrates, except they are not required to take an oath unless specifically required by the court. The court may appoint members of The Florida Bar as special magistrates for any particular service required by the court. However, for good cause shown, the court may appoint a person who is not a member of The Florida Bar as a special magistrate.
In Florida family law, the costs of a special magistrate may be assessed as any other suit money in family proceedings, and all or part of it may be ordered prepaid by order of the court. Additionally, when not otherwise provided by law, the court may require special magistrates who are appointed to dispose of real or personal property to give a bond and surety conditioned for the proper payment of all monies that come into their hands and the due performance of their duties.
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Special Magistrates can be appointed to preside over depositions and rule upon objections
In Florida, a Special Magistrate is a court appointee with limited judicial authority. They are appointed by the court to perform specific tasks, typically in specific cases.
The authority and duties of a Special Magistrate are derived from the order of their appointment. They are governed by the same rules as General Magistrates, except where specified otherwise. For example, Special Magistrates are not required to take an oath or give bond unless specifically required by the order appointing them.
In terms of qualifications, Special Magistrates must be members of The Florida Bar. However, in certain circumstances, a person who is not a member of The Florida Bar may be appointed if it is shown that the appointment is advisable.
Special Magistrates are required to proceed with reasonable diligence and minimal practicable delay. They have the authority to examine parties and witnesses under oath and require the production of documents. They can admit evidence by deposition or if it is otherwise admissible in court.
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Special Magistrates are governed by the same rules as General Magistrates
In Florida, the terms "special master" and "general master" are sometimes confused or used interchangeably, even within the same case. The Supreme Court of Florida amended Rule 1.490, Rule 12.492, and Rule 5.697 in 2004, replacing all references to "master" with "magistrate". This change was primarily administrative and cosmetic, as both terms denote court appointees with varying degrees of limited judicial authority.
Special Magistrates in Florida are governed by the same rules as General Magistrates, with a few exceptions. Special Magistrates are appointed by the court for a specific service required by the court in a family law matter, excluding cases involving injunctions for protection against domestic violence, repeat violence, dating violence, sexual violence, and stalking. They are not required to take an oath or give bond unless specifically mandated by the order appointing them. Additionally, they must be members of The Florida Bar.
Special Magistrates possess the authority to examine parties and witnesses under oath, admit evidence, and take actions concerning evidence, similar to a court. They can also require the production of documents, books, papers, and other relevant materials. They are responsible for setting the time and place for proceedings and notifying all parties. If a party fails to appear, the Special Magistrate may proceed ex parte or adjourn the proceeding.
In terms of expenses, the costs of a Special Magistrate may be assessed similarly to suit money in family proceedings, with the court ordering the prepayment of all or part of the expenses.
It is worth noting that the role of a Special Magistrate is distinct from that of a judge, who possesses full judicial authority and handles a broader range of cases.
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Special Magistrates are appointed to serve in specific cases
In Florida, "Special Magistrates" are court appointees with limited judicial authority, appointed to serve in specific cases. They are governed by the same rules as "General Magistrates", except that they are not required to take an oath or give bond unless specifically required by the order appointing them.
Special Magistrates are appointed by the court for any particular service required by the court in a family law matter, excluding cases involving injunctions for protection against domestic violence, repeat violence, dating violence, sexual violence, and stalking.
The court may appoint members of The Florida Bar as Special Magistrates. However, for good cause shown, the court may appoint a person who is not a member of The Florida Bar as a Special Magistrate. This typically occurs when it is shown that the appointment of a non-member is advisable.
Special Magistrates are required to proceed with reasonable diligence and as little delay as practicable. They have the authority to examine and take testimony from parties and witnesses under oath, and they may require the production of documents relevant to the matters contained in the referral. Special Magistrates are also responsible for filing a report and recommendations, serving copies to the parties, and setting a time and place for proceedings.
In the context of Florida law, the term "good cause" is mentioned in relation to the basis for a finding of good cause when appointing a Special Magistrate under Rule 5.697. Additionally, "good cause" is referenced in relation to the filing of cross-exceptions, where it is stated that the filing of cross-exceptions shall not delay a hearing unless good cause is shown.
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Special Magistrates can be appointed to dispose of real or personal property
In Florida, "special masters" are adjuncts of the court, exercising limited judicial authority and appointed by the court to perform specific tasks. "Special magistrates", on the other hand, are appointed by the court to perform any particular service required by the court in a family law matter, except for cases involving injunctions for protection against domestic violence, repeat violence, dating violence, sexual violence, and stalking.
The appointment of a special magistrate to dispose of property typically occurs in family proceedings. The costs of a special magistrate in such proceedings may be assessed as any other suit money, and all or part of it may be ordered prepaid by order of the court.
Special magistrates are governed by the same laws and rules as general magistrates, except that they are not required to take the oath required of officers by the Florida Constitution unless specifically required by the court. However, for good cause shown, the court may appoint a person who is not a member of The Florida Bar as a special magistrate.
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Frequently asked questions
In Florida, "Special Magistrates" are adjuncts of the court, appointed by the court or presiding judge to perform specific tasks or to serve in specific cases.
"Good cause" can be shown in a few different ways, depending on the context. In the case of a referral pursuant to Rule 5.697, the basis for a finding of "good cause" should be recited. In the context of filing cross-exceptions, "good cause" can be shown to justify delaying a hearing. In the case of appointing a non-Florida Bar member as a Special Magistrate, "good cause" must be shown, and the court must demonstrate that the appointment is advisable.
Special Magistrates are typically members of The Florida Bar, appointed for a particular service required by the court. They are governed by the same rules as General Magistrates, except they are not required to take an oath or give bond unless specified by the court.
Special Magistrates are appointed for specific services required by the court, while General Magistrates are appointed to serve over a variety or class of cases, often on a venue-wide basis.
