Letters to the Judge

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irbeach57
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Joined: Mon Aug 30, 2010 3:41 pm

Letters to the Judge

Postby irbeach57 » Mon Nov 29, 2010 6:52 pm

Does anyone know if family members can write letters to the judge in a tpr trial?And if so what is the best avenue to do so?Would you file it with the clerk,send it to the judge himself certified, or thru our pd(not our 1st choice for many reasons)?Thanks.

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LindaJM
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Re: Letters to the Judge

Postby LindaJM » Wed Dec 01, 2010 12:31 pm

I would write the letter and give it to the attorney, who should know how best to present it to the judge.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

STRIVERA
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Joined: Sat Jun 05, 2010 1:21 am

Re: Letters to the Judge

Postby STRIVERA » Tue Jul 12, 2011 12:56 am

LindaJM wrote:I would write the letter and give it to the attorney, who should know how best to present it to the judge.

propria
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Joined: Thu Feb 02, 2012 12:22 am

Re: Letters to the Judge

Postby propria » Thu Feb 02, 2012 4:35 am

Directly contacting a Judge is a BIG NO NO, considered ex parte communication and could lead to sanctions (e.g. that evidence being barred from admission to the record, check local statues, in California, Penal Code 1054.5 (b) discusses sanctions in a criminal case) . If you have letters that a friend or family member has written, it should be a declaration under the penalty of perjury for the laws of your state. It should be notarized, and then, give it to your lawyer. He may place this directly into the court file if the matter is still unheard, or present it during the discovery process. Please keep in mind the the person who wrote the letter is subject to subpoena as a witness by either party, so be sure to be truthful. Keep in very close mind that in the court of law there are suppose to be no tricks, no surprises, and honor. If you have discovery, provide it to the opposing party as soon as you know that you intend to use it. If there are witnesses you are going to call, their names, location, and preferably birth date are to be provided to opposing counsel. You are entitled to the same in advance of your hearing. Every PERSON has a right to face his accuser, and each party, gets an opportunity to cross examine.

Just a suggestion from my experience. Not legal advice. Please consult a Licensed Attorney in your State for advice and guidance.

noddy
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Joined: Thu Oct 17, 2013 1:40 am

Re: Letters to the Judge

Postby noddy » Thu Oct 17, 2013 11:18 pm

Tried sending letters to an Oregon judge during the course of our custody hearing and letter was sent back (unopened) saying that judge will not review anything outside of court.

Not sure about the legalities here, considering it was a Petition To Stay (the hearing), but... this happened to us.

edit: So, we'll present the petition during court.


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