How to Write an Appropriate Letter to a Judge

Judges typically will not accept letters sent to them pertaining to the cases over which they preside.

It's common for those involved in a judicial case to feel the need to directly address the judge by writing him a letter, but court rules make this a difficult and typically unaccepted practice. In general, judges will not accept letters sent to them pertaining to the cases over which they preside. To address a judge directly about a case or sentencing, you must first submit the proper legal paperwork and make a formal request to be heard. Rather than writing a standard letter, you must submit a motion and filing fees to have your statement seen by a judge.

Things You'll Need

• Sample motion
• Sample certificate of service
• Filing fees

Instructions

1. Visit the court website for the state in which your case has been filed. Many state court systems have published legal forms specific to their court system online. Look for a tab or link labeled "Forms." Browse the forms for a Motion to be Heard, or a general Motion. Download the form.

2. Open the form as a template in Microsoft Word or print and mimic its format while you type. A motion must have the court's name, your case number and the name of the parties in the case referenced at top on the front page. The words "Motion to be Heard" or "Motion to Submit Affidavit" should be typed in a bold font and centered underneath this information.

3. Request that the judge accept a statement to be attached, and state your reasons for wishing to address the judge in writing. Follow the format of the motion to sign and date the motion.

4. Type your statement, either as a letter or as an affidavit. A form for an affidavit can usually also be found on the court system's website under "Forms." Download the form and use it as a guide to type your statement.

5. Take your motion and statement to a bank, and have them notarized. Make copies for your records, and make an additional copy to be mailed to the other party in the case. Mail the copies to the other party and get a certified receipt of mailing.

6. Complete a form called a "Certificate of Service." Have this form notarized. Package your motion, statement and certificate of service and submit it to the clerk of court with any filing fees required. Filing fees vary, but generally cost between $20 ---$25 for motions (as of April 2011).

Tips & Warnings

• Consult with your attorney or consider hiring an attorney to perform this action on your behalf to avoid problems.

• This article should not replace legal advice from an attorney or representative of the court.

References

• Delaware Courts: Guide to Motions and Forms
• Illinois Legal Aid: How to Prepare, File and Present Motions in Court; January 2011