can i write a letter to a judge regarding my divorce case even when i have an attorney

It is absolutely improper for anybody to write a letter to a judge presiding over a case to tell their side of the story. The judge is required to ignore the letter and may sanction you besides. If you have a lawyer it's up to your lawyer to decide how to present your case.

Full Answer

Can I write a letter to the judge?

Jan 19, 2013 · Answered on Jan 24th, 2013 at 8:30 PM. It's not appropriate to correspond directly with the judge without providing the other side the communication as well. A letter is also not the appropriate method to have the judge consider information in your case. There isn't much information in your inquiry. Report Abuse.

What is a character letter in a divorce case?

Feb 21, 2013 · Posted on Feb 22, 2013. If I understand your question correctly, the answer is "no." To the extent you wish to make the judge aware of new evidence or arguments, the judge can only consider information that he or she receives during a judicial hearing.

What happens after I file a motion or letter in court?

There are a few main reasons someone would need to write a letter to a judge.In many cases, family members or friends will write a letter to a judge before sentencing, to illustrate a defendant’s character. Other times, these letters are written by victims (or their family members) to showcase how the defendant’s actions have been damaging to them.

Do I need an attorney to prepare a declaration for court?

Yes. Certain ex parte communications to a judge or court personnel are allowed by law. For example, if you are contesting a citation (commonly called a “ticket”) for a traffic infraction, the law allows you to submit a written explanation directly to the court.

Can a family member write a letter to the judge?

A family member, friend, employer, or other party writes a letter to the judge to help mitigate sentencing. In cases in which character witnesses are not allowed or limited, character letters could be the only way for a judge to learn more about a defendant's character before sentencing.Dec 8, 2020

Does writing a letter to a judge help?

To be sure, there are times that letters (written in consultation with an attorney) can be useful, such as at the time of sentencing. However, when a person is awaiting trial, writing a letter to the judge will not help. At best, the letter will go unread by the judge, and will be of no help.Aug 1, 2015

How do you write a letter to a divorce judge?

It should be written formally, such as “Dear Judge [last name of judge], then it should be followed by a comma. Skip a line and begin writing the body of your letter. The letter should begin with you stating your relationship to the case and the case itself.Sep 29, 2017

How do you start a letter to a judge?

Write "Dear Judge (last name)," to start your letter. Note that you use "the Honorable" when referring to the judge, but use "Judge" when addressing him or her in person. The title still applies even if the judge has retired.

Do judges really read character letters?

Judge Bennett said that he has read somewhere between 30,000 and 40,000 character reference letters. He based his estimate on the fact that he has sentenced more than 4,000 people. On average, Judge Bennett said that defendants submit between seven and nine character reference letters.Aug 2, 2017

How do I talk to a judge without a lawyer?

To speak to the judge on your case, you must file a written motion with the court. You cannot write the judge a personal letter or email, and you cannot speak to the judge unless you are in a hearing.Dec 4, 2020

How long after divorce papers are signed Is it final?

When Is a Divorce Final? Your divorce is final on the day the court signs the divorce decree. You normally will receive it a few days later, since it is sent to your attorney, who will then send you a copy. You are legally divorced as of the date the decree is signed.

How do you talk to the judge?

Speak clearly and loudly enough to be heard, but don't shout. Don't wave your hands or otherwise make unnecessary gestures when you are speaking to the judge. Always speak politely and respectfully to the judge and all other court officials. Do not use any phrases that criticize the judge or anyone in the courtroom.

How do you write a letter to dismiss a judge?

Reiterate your trust in the defendant and your respect for the judge and their position in the matter. Not only do you want to express the defendant's regret in wrongdoing but also suggest ways in which they can better themselves and the community should their case be dismissed.

How do I write a letter to my mother's judge?

Use the judge's correct title, with the words "Your Honorable" in the letter's heading, and use either "Dear Judge (last name) or "Your Honor" as the opening greeting. Keep the letter under three pages long. In the first paragraph, introduce yourself and give your son's name.Dec 17, 2018

How do you address a judge in a letter without a name?

How to address a letter to a judge when you don't know their name - Quora. It's best to use “To the Honorable Judge of the (44th Judicial District Court - or whatever the Court's description is). That is respectful and specific enough to get it to the right person.

What do you write in a character letter to a judge?

Character letters should include your name, mailing address, phone number and email address so that the court can verify your information. They should be addressed either to the Honorable [FIRST NAME] [LAST NAME] or Judge [FIRST NAME] [LAST NAME].

Howard M Lewis

You could always try, but it has been my experience that most judges will not read letters sent privately by one of the parties. You may want to consider meeting with a local attorney to discuss the facts of your case and possible courses of action. Good luck...

John Christopher Bannon

If I understand your question correctly, the answer is "no." To the extent you wish to make the judge aware of new evidence or arguments, the judge can only consider information that he or she receives during a judicial hearing.

Writing in a Professional Tone

The best way to write a letter to a judge is in business style, which is a formal way of structuring your message (outlined below). In addition to following a business-style structure, you should write the letter in a professional tone to ensure the judge will take your letter seriously.

Sample Letter To Judge

My name is (first and last), and I am a doctor in the state of Nevada. I am writing on behalf of my brother, (defendant) to request that he receives primary custody of his two children, (name and name). The custody hearing is scheduled for (date).

Other Considerations When Writing a Letter to a Judge

While we’ve covered the best way to write a letter to a judge, there are some things that are not appropriate to write about, such as evidence for a case. If you have information about a case that has not been presented to the authorities, you are responsible for contacting the police and turning over the evidence.

What is ex parte communication?

An ex parte communication occurs when a party to a case, or someone involved with a party, talks or writes to or otherwise communicates directly with the judge about the issues in the case without the other parties’ knowledge.

Do you have to file a motion with the court?

You must file your motion, letter or document with the court. Remember to attach the document as proof that a copy of the motion, letter or document was given to the other parties. This document also must be filed with the court. The clerk of the court will indicate on your motion, letter, or document, the time and date it was received ...

What happens at a motion hearing?

Usually, the judge will schedule a hearing on your motion. During the hearing, you will have the opportunity to explain your position to the judge in court. Judges must make their decisions based only on the relevant facts or issues of the case and the applicable laws.

Do you have to notify the judge of a letter?

If you send a letter or other document directly to the judge without providing a copy of it to every other party on your case (or the party’s attorney, if the party has an attorney), the judge or court staff will be required to notify all parties (or their attorneys) about your communication so the other parties can respond to it.

What is disclosure in court?

This is called “disclosure” and helps to ensure that your case is handled fairly. You may also cause your case to be delayed or even dismissed. Also, the court may “strike” (delete or ignore) any evidence affected by your ex parte communication.

Erin Kathryn Russell

Many people have a compulsion to want to "explain things" to judges in their cases. It is never a good idea.#N#Don't do it.

J. Richard Kulerski

Writing a letter to the judge will not help you, but consulting with an injury lawyer could.

Alan James Brinkmeier

A judge would be obligated to ignore such a letter. That kind of communication is seriously frowned upon. Some judges have specific courtroom rules that forbid such letters and require a mandatory sanction against the letter's author.#N#Don't do it.

Joseph Jonathan Brophy

It is absolutely improper for anybody to write a letter to a judge presiding over a case to tell their side of the story. The judge is required to ignore the letter and may sanction you besides. If you have a lawyer it's up to your lawyer to decide how to present your case. If you don't have a lawyer, you should get one.

What's a declaration letter?

A declaration letter is a statement of facts that a parent writes as part of a disputed child custody case. It's formal testimony that a judge considers when evaluating a parent's legal and physical custody requests.

When you may need to write a declaration letter

Ideally, parents should work together to create their parenting plan, parenting time schedule and child support agreement.

How to format a declaration letter

Your local court — and possibly your judge — will have specific formatting rules for declaration letters and other statements submitted to the court. Your court may prefer that you use standard business letter format, or it may want you to use legal document formatting.

Downloadable template and sample letter to a judge

Below, find a fill-in-the-blank template, as well a detailed example of a declaration letter. Keep in mind that court requirements and preferences vary.

Other tips for writing a declaration letter

In addition to proving why your custody arrangement is best for your child, your letter should demonstrate to the judge that you're a responsible and competent co-parent. To do this, keep these additional tips in mind:

The tools you need for custody court

The Custody X Change app has many co-parenting features and tools to organize evidence and help you win child custody.

What is a character letter?

A "character letter," as it pertains to a child custody hearing, is a letter that attests to a parent's ability to meet their child's needs. It can serve as a type of evidence that judges and custody evaluators use when assessing what arrangement is in the child's best interest. A character letter is generally needed in contested cases, ...

What does a judge look for in a custody hearing?

The exact factors the judge and custody evaluators consider may vary by state, but generally courts look at the parents' relationship with the child, their parenting skills, and knowledge of the child's needs.

What is ex parte communication?

Before you contact a judge, ensure you are not in a current court case. “Ex parte” communication happens when someone involved with the case communicates directly with the judge. Ex parte communication is not allowed and could negatively affect your case. Instead, file a motion to a judge if you are in a current case and want ...

How to write a motion for a judge?

If you have a lawyer, they can help you draft the motion and submit it. If you want to draft the motion yourself, find a sample online to help guide you. Title your motion, introduce yourself, explain the facts and evidence, and add a conclusion. Then, complete your motion and add affidavits for supporting evidence.

Can you contact a judge outside of court?

For most court cases, ex parte communication is strictly prohibited, as it can impact the decision of the case. If you are currently in a case, you are not permitted to contact a judge outside of the courtroom. Instead of contacting the judge directly, you can file a written motion.

How long does it take to respond to a motion in court?

If the other party has a lawyer representing them, provide the copy of the motion to the lawyer. The other party has 15 days to file a written response regarding your motion. After the other party responds, the motion transfers to the judge so they can make their decision.

How to write a letter to a judge?

Any time a person writes a letter to the judge it should be polite, respectful and professional looking. Include a heading. At the top of the letter, write the judge’s name and address of courthouse. Address the letter. Specifically write the letter to the judge handling the case.

How to write a letter of reconsideration?

For a letter of reconsideration briefly list who the letter is about and a sentence or two regarding the details of the case. Write the body of the letter. Write one page or less. Include only important details and make every sentence count.