Personal letter to a Judge...?
2010-04-25 4:40 pm
I have several questions having to do with writting a personal letter, to express my concerns, to the Judge about an upcoming custody hearing for a senior citizen. First...is it legal? Is it generally accepted as an OK practice? What weight will it carry with the Judge, if any? Any other comments?
回答 (12)
2010-04-25 4:45 pm
✔ 最佳答案
It depends on the matter in question and your standing in the case. If you are not a member of the person in question's family, you should have the lawyer representing the side in question present it and/or call you as a witness as appropriate. In general, an unsolicited letter will be given very little weight if at all, because the judge is bound to rule based only on materials presented during the hearing. To be sure your information gets heard you are much better going through a lawyer.
2010-04-25 4:47 pm
Sorry Dave
A setting judge on a case CAN NOT read any personal correspondence you send him in the mail
He may allow you to read it in open court, but he will not read it in his chambers out of court
A setting judge on a case CAN NOT read any personal correspondence you send him in the mail
He may allow you to read it in open court, but he will not read it in his chambers out of court
2010-04-25 4:44 pm
No matter what anyone else tells you I can say from persona; experience that is is legal, it is highly suggested, and I personally recommend doing it. The judge will read it and as long as it is written well, and as long as you make yourself sound like a responsible person then it will surely weigh in the decision.
You will make more of an impact though if you read it aloud.
For the record I am speaking about sharing a little more about yourself, or why you are a good person etc..... And not mailing a letter to the judge prior to the case trying to intentionally persuade him/her.
You will make more of an impact though if you read it aloud.
For the record I am speaking about sharing a little more about yourself, or why you are a good person etc..... And not mailing a letter to the judge prior to the case trying to intentionally persuade him/her.
2010-04-25 4:44 pm
It is not legal and in court the judge well reprimand you
2010-04-25 4:52 pm
Judges do NOT accept any communications from litigants, witnesses, or other people concerning any litigation which is before the judge. It is called "ex parte" communication, and is outside the proper means of presenting evidence. The person who does that can be severely censured. Generally, however, a warning not to do that will be given. As to the judge reading anything sent or accepting any phone calls or meetings, it will not happen -- they have secretaries and clerks who screen mail, etc. for that very reason. Don't waste your time and risk prejudice to a pending case!
2010-04-25 4:52 pm
The first requirement for communications regarding a case being tried/heard is that ALL parties must receive a copy.
There is NO SUCH THING as a personal letter regarding an open case, and if you sent one the judge can NOT, BY LAW, read it or give it any consideration.
There is NO SUCH THING as a personal letter regarding an open case, and if you sent one the judge can NOT, BY LAW, read it or give it any consideration.
2016-06-03 1:42 am
Yes; generally your don't. However, if you must always start his ame with "Honorable" and at least his last name annd have the lawyer lok it over first so that you kow if it'll get the defendant in trouble.
2010-04-25 4:53 pm
You can probably file an amicus curae brief with the court, but you will need to familiarize yourself with the proper procedure before doing so.
2010-04-25 4:49 pm
It is my understanding that it is not illegal to WRITE a letter to anyone in the USA as long as the letter is not threatening. However, the Judge would have need to be cautious as to how to take the letter in regards to his/her decisions in any current case.
I think that if I were to write a letter to the Court, I would also copy it and send copies to all of the attorneys in the proceedings including the GAL [appointed attorney who is to protect the legal Rights of the senior citizen in this case]. I also would indicate on each letter which attorneys received the copies.
The entire purpose of any hearing is for the Court to make a decision upon the information presented in Court to all. That way, should one of the attorneys wants to expound on your information and/or counter the information, they can supoena your testimony.
I think that if I were to write a letter to the Court, I would also copy it and send copies to all of the attorneys in the proceedings including the GAL [appointed attorney who is to protect the legal Rights of the senior citizen in this case]. I also would indicate on each letter which attorneys received the copies.
The entire purpose of any hearing is for the Court to make a decision upon the information presented in Court to all. That way, should one of the attorneys wants to expound on your information and/or counter the information, they can supoena your testimony.
2010-04-25 4:45 pm
in most case's it OK....sometimes its a good thing...(more good then not)
and it depends on the Judge as to the weight it carries (it sure ain't going to hurt)
and it depends on the Judge as to the weight it carries (it sure ain't going to hurt)
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