Family law case where the opposing party has objected to the referral to magistrate and there was never a motion for it. Do I still have the option to file the motion of referral to general magistrate? Im pro se.
Yes, that objection is pro forma, or just done because. Many don't like magistrates and feel that only the judge will do. But many times the magistrate listens better in my experience. Good luck.
Advice given in this forum does not create an attorney - client relationship. No advice should be relied on without consulting with a local attorney.
A motion for referral does not need to be filed in order to object to a referral to a GM. Often times, the Judge issues an Order of Referral to the GM as a matter of course. The parties can then object to the referral. If one party objects, then the GM cannot hear the matter. So, if the other side objected, the Judge will hear the case, not the GM.
The hiring of a lawyer is an important decision that should not be based solely upon advertisements. The information contained in this Website is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this site, clients or otherwise, should act or refrain from acting on the basis of any content included in the site without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient's state.
In some circuits such as the first (embracing Escambia, Santa Rosa, Okaloosa and Walton) there is an automatic appointment of the magistrate to which objection must be made within the appropriate time, usually ten to twelve days, or he is appointed. So many of us object for either personal or legal reasons known only to us.
Check with your court clerk at the court house to find out if that is the case.
We do not have an attorney-client relationship unless we enter into a written, formal letter of instruction to represent; accordingly, I am not your lawyer. The statements I make do not constitute legal advice. Any statements I make are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am admitted to practice in Florida, Oklahoma, and Texas, and to the Bar of U. S. District Courts. Accordingly, my responses reflect the law of those states. I practice extensively in U. S. District and Bankruptcy Courts. Any advice given here is deemed to be within the parameters of the rules of professional responsibility and codes of ethics as promulgated by The Florida Bar and The Supreme Court of Florida, The State Bar of Texas and the Texas Supreme Court, and the Oklahoma Bar Association and the Oklahoma Supreme Court.
It depends what the referral is for. If the referral is for all matters including hearing a decision then one party kind of jacked because they have a right to have the case before Judge. If that matters for less than all matters in it's up to the judge from the magistrate works
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline