Order Of Referral To Magistrate Judge Barger (Probate)

ORDER OF REFERRAL TO THE MAGISTRATE (Probate/Guardianship/Incapacity). This form is used in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida, in probate actions. It serves to refer a case to a General Magistrate for further proceedings in accordance with Rule 5.095(a) of the Florida Probate Rules and current Administrative Orders of the Court. The order outlines the issues referred to the Magistrate, such as discovery motions, motions directed to pleadings, pretrial conferences, trial/final judgment, and others. It also emphasizes that the referral to a Magistrate requires the consent of all parties and provides instructions for filing objections to the referral. Additionally, the order authorizes the General Magistrate to administer oaths, conduct hearings, and file a Report and Recommendation containing findings of fact, conclusions of law, and recommendations. It outlines the process for exceptions to the Magistrate's report, including the filing of exceptions and cross-exceptions, and provides guidance on providing a record to support exceptions. The order also addresses the recording of proceedings before the Magistrate and the procedures for obtaining transcripts. Finally, it specifies that copies of exceptions to the Magistrate's report must be submitted to the Magistrate simultaneously. www.FormsWorkflow.com