When to use a Special Magistrate?

Magistrates can be utilized to reduce the burden of the court system. Whether it is for depositions, discovery disputes, evidentiary hearings, and pre-trial, current-trial or post-trial matters. Special masters specifically used to facilitate all sorts of different areas of law such as bankruptcy, family, insurance, construction, homeowner, trusts and estates, personal injury, sports and entertainment, and employment. Masters in some instances can hire outside consultants depending on the complexity of the case. Lawyers for each party may stipulate to a specific magistrate on the case or have one appointed by the court. This person might be an attorney or retired Judge depending on the nature of the case. Many former judges are selected as magistrates. Their past experience on the Bench puts them in a position to help the issues be resolved on an expedited basis. By requesting a magistrate, both parties can save time and money. For example, when there is an issue on whether documents are privileged, a Special Master can immediately review the documents instead of waiting for the court to make a decision. Also, a magistrate is useful when there is a deposition and the lawyers for each side do not get along. A magistrate can oversee the deposition so that is can be completed with no interruption or continued. Federal Rules of Civil Procedure 53 describes the role of a Magistrate. In the State of Florida, Judges may appoint Magistrates pursuant to Florida Rules of Civil Procedure 12.492.