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Joseph
Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience:  I have 15 years experience in the legal field, currently specializing in criminal and family law
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If and when a presiding judge , post 10 days signs a Report

Resolved Question:

If and when a presiding judge , post 10 days, signs a Report of general magistrate; might the magistrates "order" or "recommendations" be upheld pre= ratified by a presiding judges signature?

Submitted: 1 year ago.
Category: Legal
Expert:  LADYLAWYER replied 1 year ago.

LADYLAWYER : Hello, Thanks for choosing Justanswer.com! I look forward to helping you with legal information today.
LADYLAWYER : So the order was not signed until the 30th of March?
LADYLAWYER : Also, why are you concerned about the dates? Is the opposing party threatening you with something? Just trying to figure out your concerns here. Thanks.
LADYLAWYER : It doesn't appear that you are in the chat and I have to sign off for the night. Please answer my questions when you are able and I will get back to you in the morning. Thanks and I look forward to assisting you!
Customer:

please try to save me the deep details, I GAVE an EXAMPLE i.e., dates-- just showing a sample subject situation. i simply wish to learn what powers the ratified document holds over a " report of Gen magistrate order holds? Or if ratifed means nothing caomaratively. i gave sequeces of times since others could answer this questions. None it threatening me .

Customer:

sorry for typos, this cha t format is confusing. No one is threating me,

LADYLAWYER : I know it is often a layperson's first reaction to question why an attorney would need additional facts, but we always ask for a reason and in this case I am asking because the answer is really dependent on whether the opposing party is claiming a deadline was not met. If the Magistrate's report was signed after the date that something was supposed to be done in the report, there are arguments on BOTH sides for and against whether what was ordered to be done should or should not have been done already. Generally, nothing is set in stone until a report is ratified and only then must the parties adhere to its terms; however, if specific instruction was given and the party or parties simply didn't abide by what the magistrate ordered because there was no signed order, then the court, in its discretion, can hold that party or parties in contempt. That being said, if NO ONE has brought up to the court that the party or parties missed the dates in the report, then it is not likely that the court, on its own motion, would do anything about it.
LADYLAWYER : Please let me know if that answers your question, and if not, please supply me with the additional facts necessary to do so. Thank you kindly.
Customer:

you gave me the simple answer " Generally, nothing is set in stone until a report is ratified and only then must the parties adhere to its terms; however, if specific instruction was given and the party or parties simply didn't abide by what the magistrate ordered because there was no signed order"

Customer:

thats what things seemed to evolve, without clear words to that effect. .

Customer:

So to say my thoughts in anther way, If a report of magstrate is drafted by both parties, yet never agree, & if it was said the magistrate is obligated to have the moving party 1st draft the interim report ( what rule defines this procudure? ) , but the magistrate per 3 hearings asked the defendants attorney to draft the interim reports,. I'll now rely on ladylawyer's belief ie., " no orders in a magistrates report of general magistrate, or verbal order made by a magitrate in her court are enforcable. until alater date that is moving i.e., only untill the judicail ratified order regarding that report of magistrate is mailed out plus the 5 days mailing delay . , Therewith only after the presiding judge ratifies a magistrates report (drafted by the magistrate) and . this all often takes 2 months. Its clerly disingenuous for a magistrate making a party believe 10 days was ordered, offeringt sufficient time. Point is, this is not factually true. the fact is only after the parties disagree over the interim reports, then the magistrate reads both parties versions per their dratfts of said interim reports, then the magistrate redrafts a report & mailes the report, magistrate adds or removes language and dates, this takes a month or more . Parties can be in trial and never get the presiding judgers ratified order on report of magsitrate that prejudices a party without compliance per a date the magistrate ordered docs be exchanged, two months prior. At lease now i see what happened. Please elaborate if i'm wrong or partlly correct?

LADYLAWYER : I am going to be offline so I will opt out and let another attorney assist you with your follow up questions. You do not need to do anything at this time. Thanks!
Customer:

are you closing or not finshing up ?

Expert:  Joseph replied 1 year ago.
I see the previous expert has opted out of the question. I am a Florida family law attorney and I believe I can provide assistance in this matter. Are you still wanting to proceed? Thank you.
Customer: replied 1 year ago.

yes pls. proceed. I s ladylawyer correct, wherby a Gen. Magistrates order is not factually effective & thus untrue in that any sort of time line any magistrate implies as an order, verbailly or materially is not truely an effective Order ie , there are no obligations upon the parties only until the ratification date signature arives in the mail , plus 5 days are allowed for usps delivery? correct? .

 

 

Customer: replied 1 year ago.

yes pls. proceed. I s ladylawyer correct, wherby a Gen. Magistrates order is not factually effective & thus untrue in that any sort of time line any magistrate implies as an order, verbailly or materially is not truely an effective Order ie , there are no obligations upon the parties only until the ratification date signature arives in the mail , plus 5 days are allowed for usps delivery? correct? .


 

Expert:  Joseph replied 1 year ago.
I apologize for the delay, I went offline shortly before you responded and this is the first I have been back. Give me a moment and I'll have a response. Thank you for your patience.
Expert:  Joseph replied 1 year ago.

An order from the court, whether the GM or the judge, is enforceable upon oral pronouncement. The problem is in enforcing the order prior to be reduced to writing and being signed by the GM and the judge. As your posts have alluded to, the two sides may disagree on exactly what was verbally stated by the GM. That being the case, one party may believe they have complied with the verbal order while the other party may believe that there has NOT been compliance.

.

Once the order is signed, the factual dispute would likely be resolved. At that point, the report and recommendation should lay out the correct representation of the GM's verbal pronouncement and compliance should be more clear cut.

.

There's been a fair amount of discussion back and forth, please let me know if anything requires clarification.

.
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Joseph, Attorney
Category: Legal
Satisfied Customers: 7279
Experience: I have 15 years experience in the legal field, currently specializing in criminal and family law
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