How much is a letter from someone taken into account in a court case

lifeandtimes

Can anyone let me know how much is a letter from someone take into account in a court case.

Iv heard of judges receiving letters from defenders mother's and such but I'm not sure how it effects though for good or for bad?

I heard from a guy in work that his brother is going into court regarding access with his child,he lives with the girlfriend in her house and has his access there,his current girlfriend and mother have had a massive falling out and the mother has given him an ultimatum of either break up with girlfriend or she will send a letter to the courts discrediting the girlfriend etc so that access will not go in his favour at that address.

As awful and manipulative as the situation is I wonder how a letter would effect the outcome if any?

Has anyone heard of it changing outcomes before?

hullaballoo

Procedurally, there is no mechanism for the court to take into account, read or even look in the direction of a letter that's sent to it purporting to affect the outcome of a case.

I'm not saying it doesn't happen but there would certainly be grounds to have any decision reviewed if it did happen.

NUTLEY BOY

An additional problem with character reference type letters is that they cannot be challenged properly.

Suppose a reference type letter was sent in with a view to supporting one party. It might be a true letter from a reputable source or a pack of lies. How does the other party challenge that ?

If the referees who wrote such letters were required to give their evidence on oath, and to be open to challenge on cross examination, they might tend to be less florid and effusive in their words.

Generally, it is not acceptable or satisfactory to allow in evidence that cannot be challenged by the other side.

In short, character type evidence should only ever be given from the witness box. To do otherwise is to corrupt fair practice.

coylemj

hullaballoo wrote: »

Procedurally, there is no mechanism for the court to take into account, read or even look in the direction of a letter that's sent to it purporting to affect the outcome of a case.

I'd say it's extremely unlikely that the court staff will show the letter to the judge. The person who has an opinion which may affect the outcome is required to show up in court, state their case and then be open to cross-examination.

A poison pen letter (that's basically what we're talking about) cannot be allowed to influence the judge's decision so would properly go straight into the bin.

NUTLEY BOY

coylemj wrote: »

I'd say it's extremely unlikely that the court staff will show the letter to the judge. The person who has an opinion which may affect the outcome is required to show up in court, state their case and then be open to cross-examination.

A poison pen letter (that's basically what we're talking about) cannot be allowed to influence the judge's decision so would properly go straight into the bin.

Quite right.