You’ve made it through the family court system, received a final judgment in your case…and you’re not happy. The resulting order is not the decision that you wanted. As far as you’re concerned, the ruling is wrong. What should you do?

You have options.

Was your case heard by a General Magistrate (“GM”)? To clarify, the GM is a judicial officer appointed by the judge. The GM can review the parties’ evidence submissions in a family law hearing, as covered by Rule 12.490.

GMs fulfill an important role in managing packed court dockets: they help to decide cases and thereby move the process along faster. Without the GMs, parties may endure a longer wait for their place on the judges’ docket.

If your case was heard by a GM, you can file what was formerly called an exception to the GM’s report. As of April 1, 2022, there are no more “exceptions” in the language of the rule. Instead, you file a motion to vacate. See In re Amendments to Fla. Family Law Rules of Procedure 12.490 & 12.491, & Forms 12.920(A)-(C).

Florida made this change to the language in order to make its family law rules more consistent, as explained below:

Currently, under rule 12.490, parties can seek review of the report and recommendations of a general magistrate by filing exceptions. However, under rule 12.491, the parties seek review of the decision of a child support enforcement officer by filing a motion to vacate. Because section 409.25633, Florida Statutes (2021), now allows child support enforcement officers to enter time sharing orders, the differentiation between general magistrates and child support enforcement officers is less distinct, allowing for the alignment of the rules. Further, as the Committee explains, aligning the rules will allow cases to proceed more efficiently, ease the workload of circuit judges, and eliminate confusion among practitioners and litigants.

To start, all parties to a proceeding must agree on the referral of the case to the GM: “No matter shall be heard by a general magistrate without an appropriate order of reference and the consent to the referral of all parties,” according to Rule 12.490(b)(1).

But what if you believe the referral of your case to the GM was improperly handled, and you wish to have your case heard only before the judge, or that you did not have a chance to object to the referral properly? You may make a written objection to the referral to a GM within ten (10) days of the service of the order for the referral. If you aren’t sure how to handle the written objection, contact us, the DADvocacy™ Law Firm.

If you do not object to the referral of the case to the GM, your silence is considered consent to the proceeding.

Once your case proceeds, the GM conducts the hearing and performs a review of the evidence, including testimony. As provided in Rule 12.490(d)(3) on hearings by the GM:

The general magistrate shall have authority to examine under oath the parties and all witnesses upon all matters contained in the reference, to require production of all books, papers, writings, vouchers, and other documents applicable to it, and to examine on oath orally all witnesses produced by the parties. The general magistrate may take all actions concerning evidence that can be taken by the circuit court and in the same manner. The general magistrate shall have the same powers as a circuit judge to utilize communications equipment as defined and regulated by Florida Rule of Judicial Administration 2.0712.530.

The GM’s finding of facts, conclusions of law, and recommendations are filed in a report indicating how the case should proceed. The judge can accept some or all of the recommendations. Usually, the judge adopts the GM’s recommendations in their entirety.

However, a party to the proceeding who objects to some, or all of the recommendations can file a motion to vacate (previously known as an exception). This motion functions as an objection to the GM’s report, as provided by Rule 12.490(f), FLA. FAM. L. R. P.

Timing is important if you wish to file a motion to vacate the GM’s report, as you must file within ten (10) days of the GM’s report being filed.

To support your motion to vacate, you will need to provide a transcript of the proceedings before the GM.

Your motion should highlight and explain the problematic aspects of the GM’s recommendations. This motion to vacate the GM’s report is not a request for a new trial. Instead, the judge will focus on whether the GM’s conclusions of law are supported by the facts, as guided by the content of your timely filed motion.

If you just received your GM’s report, the attorney must review it as soon as possible to make the most of your objections and the remaining time allowed. Please contact us to review the particulars of your case.

Remember that the DADvocacy™ Law Firm offers resources to you – for free – in our DIY Toolshed. While such resources can never substitute for the services of a licensed attorney, they can help you to familiarize yourself with the legal process.

Warning: All posts on this website and its partner website, JustPrenups.com, contain general information about legal matters for broad educational purposes only. The information is not legal advice and should not be treated as such. This site does not create any attorney-client relationship between the reader and the DADvocacy™ Law Firm.