What Is a Special Magistrate?

A Special Magistrate, also sometimes referred to as a Special Master (though the term Special Master was retired by the Florida Supreme Court in 2004) is a member of the Florida Bar appointed by the court to perform a particular service in a civil (State or Federal) or family law matter other than those involving injunctions for protection against domestic, repeat, dating, sexual violence, and stalking. The parties must consent to the referral of the case or issue to a Special Magistrate, the court cannot require the parties to go to a Special Magistrate.

What Can a Special Magistrate Do?

Special Magistrates perform a wide variety of tasks depending on the case they’ve been assigned to. While not a judge, the Special Magistrate is granted statutory authority to preside over and rule on a case. Some of their duties may include:

• Assigning a time and place for a hearing
• Subpoenaing witnesses and records
• Admitting evidence
• Ordering rulings on violations
• Requesting corrective action be taken by the party guilty of a violation
• Assessing fines
• Ordering liens to be placed upon a property
• Ruling on and monitoring discovery matters
• Conducting in-camera document inspections
• Coordinating discovery in multi-party or multi-district cases
• Supervising class action notices
• Monitoring settlement and judgment compliance
• Administering the distribution of settling or judgment proceeds
• Making findings of fact and recommendations regarding real property disputes
• Disposing of real or personal property under the jurisdiction of the court
• Overseeing the winding down of corporations and other business entities
• Calculating damages
• Calculating attorney fees
• Making insurance coverage determinations
• Serving as technology masters
• Managing settlement efforts in complex cases

What to Expect in a Hearing with a Special Magistrate

When a Special Magistrate is hearing your case, you can expect it to proceed the same way many other cases would in court subject to the limitations that the Court and the parties have set for the Special Magistrate. The Special Magistrate is usually required to advance hearings expeditiously to move the case along quicker than what a court is normally able to do. That is one of the benefits of appointing a Special Magistrate.

Hearings on your motion or the subject matter referred to the Special Magistrate will be set with the Special Magistrate. The Special Magistrate shall hear the parties’ legal arguments and testimony presented at the Special Magistrate hearing. The parties including any witnesses will testify under oath, and the testimony is usually recorded. The plaintiff/petitioner, respondent/defendant, and any other witnesses may also be called by the Special Magistrate to give testimony and the Special Magistrate may require the production of documents and evidence in further of his or her deliberations.

Once the evidence and arguments have been presented, the Special Magistrate will make their decision and issue a report.

The Special Magistrate’s report or ruling may be appealed to the trial court judge unless the parties have agreed otherwise. Usually, the appeal or an exception to the Special Magistrate’s report must be filed within ten (10) to twenty-one (21) days (depending on the court) of receipt of the report by the litigants so time is of the essence to consider whether to file an exception. To file an exception, a verbal recording of the proceedings is usually required which may be documented by a court reporter or through video recording at the hearing.

When Do I Need a Special Magistrate?

Special Magistrates are usually needed and suitable for the following type of cases:

• Complex and heavily litigated cases.
• Cases involving a large number of parties and/or witnesses.
• Cases involving significant and persistent unresolved discovery disputes.
• Litigations with privacy concerns.

Some of the Benefits of Hiring a Special Magistrate?

Though a Special Magistrate can be an added expense in litigation, a Special Magistrate can save the parties time and money, often resolving matters and disputes more efficiently and quickly than what courts can do, due to the heavy caseload that most courts face nowadays.

Special Magistrates have more flexibility than a sitting judge or magistrate, enabling them to adjust their schedule on short notice to conduct an onsite inspection, attend a hearing, and give the parties more personalized attention. Attorneys often respect Special Magistrates as colleagues, as they thoroughly understand the complexity of litigation while remaining unbiased.

Additionally, when you’d like a case to stay discreet, using a Special Magistrate can quickly get you a verdict without having to go through the ordeal of a formal court proceeding. If you’re looking to quietly settle a divorce or a business dispute, or anything in between, then a Special Magistrate may be the right course of action for your case.