Rule 1.490, Rule 12.492, Rule 5.697 and Rule 53 differ considerably as regards the master`s relationship to the Court. Section 1,490 (h) requires the special judge to collect evidence “in writing” and submit such written documents with the judge`s report. Rule 12.492 requires that a court reporter be present at the hearing, unless all parties waive the hearing. Paragraph 5.697(d) of the Regulations provides that “evidence shall be collected in writing or by electronic record” and that the record “shall be filed at the same time as the judge`s report.” All three rules prohibit the reproduction of details of evidence in the body of the report. Section 53 does not specify how the minutes are to be drawn up or what recitations may be included in the magistrate`s report, but it does provide in paragraph (f) that the master must report “in accordance with the order of appointment”. According to the three rules, the report itself must be submitted to the court. Lawyer consultations are available and can be scheduled in sessions of 15 minutes up to 1 hour per day per person. The cost of legal advice is $1 per minute. A credit card processing fee of $1.50 will be added to each lawyer session. Attorneys` fees must be paid at the time of the appointment. No refunds will be given for cancelled or missed appointments. Once scheduled, appointments cannot be changed. Ex parte communications Rule 53(b)(B) requires that the order of reference specify, where appropriate, the circumstances in which the ex parte master may communicate with the court or a party.
Articles 1.490, 12.492 and 5.697 are silent on the question of unilateral communications. In most cases, ex parte disclosure is unlikely to be desirable or necessary. An exception may be in situations where the master is acting as a ruler.40 Whether a federal or state appointment, the issue of ex parte communication must be dealt with in the order of the proposal. To the extent that a particular prothonotary is granted judicial powers (as opposed to advisory powers), it would probably be desirable to limit the conditions under which the prothonotary conducts ex parte communications with the parties.41 Paragraphs (g)(3), (4) and (5) of Rule 53 contain explicit standards for the court`s consideration of the main report. The court must rule de novo on all objections to findings of fact made or recommended by the prothonotary. The court must also rule de novo on any legal conclusion made or recommended by the master. “Unless the order of appointment establishes a different standard of review, the court may set aside a prothonotary`s decision on a procedural question only on the basis of abuse of authority.” 34 It is interesting to note that the appointing judge may well set his or her own standard of review for procedural matters. If a standard other than abuse of discretion is to be used, that is an issue that should be addressed in the order of reference. Paragraph (g)(3) also provides that the parties may, with the consent of the court, decide that the master`s findings are to be reviewed for “manifest errors” or that a prothonotary appointed under rule 53(a)(1)(A) or (C) is final.
Where such provisions exist, they should be recognised in the order for reference and the approval of the General Court should be cited. The purpose of this article is to identify some of the unanswered questions surrounding the use of special masters in Florida and to provide practical information to lawyers involved in the appointment of a “special judge” or “special master.” Since the authority and duties of the Special Master derive from the order that appoints him, special attention has been paid to the form of this order. Over time, the use and appointment of masters has been governed by state and federal rules of civil procedure. At the Florida state court level, the appointment of special prothonotaries in civil matters is now governed by Florida Rule of Civil Procedure 1.490; Florida Family Law Rule 12.492; and Florida Probate Rule 5.697.7 At the federal level, appointment is governed by Federal Rule of Civil Procedure 53. The role of prothonotaries has shifted from a strict and limited litigation support role to a broader view – the duties and responsibilities of prothonotaries are now extended to each stage of litigation.8 As court cases have increased and litigation has become more complex, the use of prothonotaries has increased. In the order of referral to the Master, the question of the qualifications of the Master should be addressed. If the appointment is made under Rule 1,490 or Rule 12,492 and the appointment is made to a person other than a member of the Florida Bar, the order must state the reasons why referral to a non-lawyer member is “advisable.” Where removal is made in accordance with Rule 5.697, the basis for establishing “just cause” must be indicated. In all cases referred to in section 53 of the Regulations and in state court cases where an affidavit of disqualification has been filed, the order of appointment should likely indicate that the affidavit has been filed. The donor may grant the donee either a general power of appointment, where the donee has full discretion as to the person with whom the property is to be divided, or a special power of appointment if the list of potential beneficiaries is subject to a number of restrictions. In the event that a donee does not exercise its power of appointment, the property is distributed to defaulting purchasers. APPOINTMENT, law firm practice.
An act of a person empowered by a will or other instrument to determine how the assets of the trust are to be disposed of, made in accordance with the general instructions of the trust. 2. The appointment shall be made in such a way as to reflect the spirit of the authority. And although the law does require that each person receive an allowance, no matter how small, if there is the power to appoint several persons to and from among them; The rule of equity differs and requires a real and substantial share in each case, and a mere nominal allocation to one is considered illusory and fraudulent. If the division is left to discretion, without prescribed rules, If it is for those children that the curator sees fit, he may appoint only one; 5 ves. 857; But if the words are: “under” the children, as he sees fit, everyone must have a share, and the doctrine of illusory appointment applies. 4 ves. 771 Prev. Cap. 256; 2 Vern. 513.
See generally 1 supp. in Ves. Jr. 40, 95, 201, 235, 237; 2 Id. 1 27; 1 vern. 67, N.; 1 ves. Jr. 31 0, n.; 4 Kent, com. 337; Sugd. on Pow. Index, h.t.; 2 hills. From.
Index, h.t.; 2 bouv. Inst. n. 1921, ff. In the practice of the law firm. The exercise of a right to determine the person or persons who are to take use of immovable property. 2 vanities. Real prop. 302. The act of a person ordering the disposition of property by restricting a use or replacing a previous use by a new use, in the exercise of a power of attorney granted to him for that purpose by a previous instrument, is called “power of appointment”: including the instrument or any other instrument by which he delegates it.