Letter to the judge-Does this seem proper?

[LBC2006]

What is the name of your state (only U.S. law)? NY

It's my first letter to a judge and want to ensure it's appropriate and proper form. Sorry if I am asking this is wrong section of this site.

Dear Judge XXX,

I was recently informed by your office that my recent filing of motion on June XX, 2014 to be heard on July XX, 2014 has been postponed until August XX, 2014 at my ex XX's request. This was somewhat of a surprise to me as I was not aware such request existed. Your office informed me that I was indeed notified by email as per my ex XX. When I asked what email such notification was sent to I was told it was an account that I no longer use. My ex XX is fully aware of this as any contact I have attempted with XX has been made from a different account. Furthermore, my email contact has been provided on Form A of my motion which XX clearly has received.

I understand that notification of adjournment requests are to be made in good faith to all parties. However, I view such method as an underhanded tactic to satisfy the basic rules and procedures of the court.

I understand that adjournments are routinely granted. However, due to the seriousness of matters in which the motion consists, I am disappointed and object to this delay in resolving the issues I seek relief. My ex XX has had adequate time to answer this filing with the court. I have yet to receive a response of any nature.

I respectfully request any further postponements be carefully considered due to the matters at hand. I have not seen my children in several months. I have not been notified of there whereabouts and any attempt I make to communicate with my ex XX or them goes unanswered.


Respectfully yours,

LBC2006

 

[Just Blue]

What is the name of your state (only U.S. law)? NY

It's my first letter to a judge and want to ensure it's appropriate and proper form. Sorry if I am asking this is wrong section of this site.

Dear Judge XXX,

I was recently informed by your office that my recent filing of motion on June XX, 2014 to be heard on July XX, 2014 has been postponed until August XX, 2014 at my ex XX's request. This was somewhat of a surprise to me as I was not aware such request existed. Your office informed me that I was indeed notified by email as per my ex XX. When I asked what email such notification was sent to I was told it was an account that I no longer use. My ex XX is fully aware of this as any contact I have attempted with XX has been made from a different account. Furthermore, my email contact has been provided on Form A of my motion which XX clearly has received.

I understand that notification of adjournment requests are to be made in good faith to all parties. However, I view such method as an underhanded tactic to satisfy the basic rules and procedures of the court.

I understand that adjournments are routinely granted. However, due to the seriousness of matters in which the motion consists, I am disappointed and object to this delay in resolving the issues I seek relief. My ex XX has had adequate time to answer this filing with the court. I have yet to receive a response of any nature.

I respectfully request any further postponements be carefully considered due to the matters at hand. I have not seen my children in several months. I have not been notified of there whereabouts and any attempt I make to communicate with my ex XX or them goes unanswered.


Respectfully yours,

LBC2006

Judge is not going to read your letter.

 

[stealth2]

Ditto. Ex parte communications are not permitted.

 

[LBC2006]

Judge is not going to read your letter.

Then who does? Anyone?

 

[Proserpina]

What is the name of your state (only U.S. law)? NY

It's my first letter to a judge and want to ensure it's appropriate and proper form. Sorry if I am asking this is wrong section of this site.

Dear Judge XXX,

I was recently informed by your office that my recent filing of motion on June XX, 2014 to be heard on July XX, 2014 has been postponed until August XX, 2014 at my ex XX's request. This was somewhat of a surprise to me as I was not aware such request existed. Your office informed me that I was indeed notified by email as per my ex XX. When I asked what email such notification was sent to I was told it was an account that I no longer use. My ex XX is fully aware of this as any contact I have attempted with XX has been made from a different account. Furthermore, my email contact has been provided on Form A of my motion which XX clearly has received.

Not the court's problem.

I understand that notification of adjournment requests are to be made in good faith to all parties. However, I view such method as an underhanded tactic to satisfy the basic rules and procedures of the court.

Please tell me you're not going to whine - and yes, this is whining - about this to the judge.

I understand that adjournments are routinely granted. However, due to the seriousness of matters in which the motion consists, I am disappointed and object to this delay in resolving the issues I seek relief. My ex XX has had adequate time to answer this filing with the court. I have yet to receive a response of any nature.

This is not how one objects to a legal matter. It's not your decision, either - if the court allows refiling, or rescheduling, that's all there is to it.

I respectfully request any further postponements be carefully considered due to the matters at hand. I have not seen my children in several months. I have not been notified of there whereabouts and any attempt I make to communicate with my ex XX or them goes unanswered.


Respectfully yours,

LBC2006

It's not even going to see past the Clerk's desk.

 

[Proserpina]

Then who does? Anyone?

You're missing the point - if you wish to object to something you go through the correct procedures, not writing letters.

 

[LBC2006]

Ok I understand. I foresee another adjournment request from my ex due to the nature in which the motion consists. I seek relief regarding issues with my children.
I am using an attorney for unbundled services and a letter to the judge was the suggestion stating my objection. What if any suggestions does anyone have? I am all eyes and ears here. Thank you

 

[Just Blue]

Then who does? Anyone?

Yes...You.

If you are going Pro Se then you need to educate yourself on the PROPER way to do it.

 

[LBC2006]

Yes...You.

If you are going Pro Se then you need to educate yourself on the PROPER way to do it.

I understand that and thought that this was. I have read the civil procedure rules quite extensively. Unless I am overlooking something I see nothing regarding objecting to adjournments. The attorney says write to judges office. I have seen the same suggestions on other legal sites and forums. So what am I missing?

Postponing would not be an issue for me. However there is an issue regarding my kids schooling and the new school year is right around the corner. FTR-I do have court orders which are very specific.

 

[Just Blue]

Ok I understand. I foresee another adjournment request from my ex due to the nature in which the motion consists. I seek relief regarding issues with my children.
I am using an attorney for unbundled services and a letter to the judge was the suggestion stating my objection. What if any suggestions does anyone have? I am all eyes and ears here. Thank you

If you have an attorney let s/he deal with communication with the Judge.

 

[Proserpina]

I understand that and thought that this was. I have read the civil procedure rules quite extensively. Unless I am overlooking something I see nothing regarding objecting to adjournments. The attorney says write to judges office. I have seen the same suggestions on other legal sites and forums. So what am I missing?

Get a different attorney. Because what you're doing IS NOT the correct thing to do, and the judge won't even read the letter. I'd love to know which other legal sites advise someone to just "write letters" to the judge.

Postponing would not be an issue for me. However there is an issue regarding my kids schooling and the new school year is right around the corner. FTR-I do have court orders which are very specific.

The issue is that you're trying to send an ex-parte communication.

 

[single317dad]

Many court clerks have minute sheets available that a pro se litigant can use. The very helpful clerk may copy the sheet and dispense it to all parties, including the judge. Depending on the content, the judge may not consider it. Since you are represented, you may not get anywhere with filing something on your own. My court clerk has even called me when my ex asked for a continuance, asking if i wished to object. I think an attorney who suggested you write a letter to the judge is probably not the attorney you want. Just my $0.02.

 

[stealth2]

Then who does? Anyone?

Nope. It's an ex parte communication. You're not allowed to do that.

 

[You Are Guilty]

Nope. It's an ex parte communication. You're not allowed to do that.

It's not ex parte if she cc:'s her adversary.

That being said, unless the judge previously marked the court date as "final - no further adjournments", it's nearly unheard of for a polite adjournment request not to be granted.

 

[LBC2006]

Get a different attorney. Because what you're doing IS NOT the correct thing to do, and the judge won't even read the letter. I'd love to know which other legal sites advise someone to just "write letters" to the judge.





The issue is that you're trying to send an ex-parte communication.

I've posted a link twice with such suggestions that were made from attorneys. The post does not come up in this thread as it appears as it's heavily moderated.

Of course I will cc my adversary accordingly. So how is that an ex parte communication?