Filing exception to R&R of General Magistrate
My custody case went to a general magistrate and I've just received the Report and Recommendation of Gneral Magistrate. I would like to file an exception to it but I'm not sure what the procedures are for this. Is there any legal wording required in an exception? Are there any sample exceptions out there that I can look at? I have 10 days to file it. Does the 10 days start from the moment it was signed by the magistrate, from the time it was filed with the court (3 days later), or from the time I received it in the mail (6 days after it was signed)?
1 Answer from Attorneys
Re: Filing exception to R&R of General Magistrate
Your ten-day clock begins to run on the day the R&R was stamped as signed by the magistrate. You should be able to find a model form for excepting to the R&R on the clerk's or judges' websites. If you don't find it there, try looking on one of the larger counties' websites, like Dade or Hillsborough and see if you can find one that looks like what you need.
Your county will probably also require you to order the transcript of the hearing before the magistrate immediately, which can be expensive, and set a case management conference quickly before the judge.
You're getting into complicated territory. It sounds like you've already lost round one. You should get a lawyer right away.