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Usually no, not directly. Judges generally cannot consider private letters about a pending case, and a letter sent behind the other side's back is called an ex parte communication. The safe route is to put your point in a filed document served on the other side, or ask your lawyer to raise it.
This is general information, not legal advice.
Ex parte means one-sided: a communication about a case that the other side does not see and cannot answer. Judges are bound by ethics rules that bar them from considering such communications on the substance of a pending case. The rule exists for a simple reason: a decision should rest on evidence and arguments both sides have had a chance to contest, not on a private appeal that one side never heard.
That bar is stricter than most people expect. It covers letters, emails, phone calls, and even a chat in a hallway. A judge who receives a private letter about a pending case will typically do one of three things: ignore it, return it, or disclose it to both sides and place it on the record. None of those outcomes helps the sender, and the third can hand the other side material to use against you.
A few narrow situations allow direct contact, but they are not the situations most letter writers have in mind. Scheduling matters and pure administrative requests, such as asking a clerk about a hearing date, are routine and do not touch the merits of the case. In some courts, a judge may invite letters on a specific topic, such as victim impact statements in a criminal sentencing, where the rules expressly allow them. Character letters at sentencing are another recognized exception in criminal cases, and even those usually go through the lawyers and are shared with both sides.
The key test is whether the other side gets to see and respond to what you wrote. If your letter would give the judge information or arguments the other side never saw, it falls on the wrong side of the rule. When in doubt, assume the rule applies and use the formal channel instead.
| Type of writing | Usually allowed? | Why |
|---|---|---|
| Private letter arguing your side | No | Ex parte: the other side cannot answer it |
| Filed motion or brief, served on the other side | Yes | Both sides see it and can respond |
| Character letter at criminal sentencing | Sometimes | Some courts invite them, and they are shared with both sides |
| Administrative note to the clerk | Yes | Scheduling and procedure, not the merits |
Put the point in a filed document. A motion, a brief, or a declaration, served on the other side and filed with the clerk, reaches the judge through the proper channel and gives the other side its fair chance to reply. If you have a lawyer, the point should go through them: part of what a lawyer does is judge how a point should be framed and timed, and a letter from a client that bypasses counsel can create problems for both of you.
If you are representing yourself, the court clerk can explain filing procedures and forms, though clerks cannot advise you on what to argue. Many courts also run self-help desks or publish guides for unrepresented litigants. Those resources are a better investment than a private letter, because anything you file properly becomes part of the record the judge can actually rely on.
Do not send a second letter to explain the first. Tell your lawyer right away, or if you are unrepresented, consider filing a notice that discloses the letter to the other side. The damage from an ex parte letter usually comes from its secrecy, so bringing it into the open limits the harm. Judges have seen this mistake before, and a prompt, honest correction reads far better than a quiet hope that nobody notices.
One more caution: writing to a judge about a case in which you are not a party is also usually unwelcome. Courts decide cases on the record made by the parties, and letters from the public, however well meant, are normally set aside unread. If you care about a case as a member of the public, the useful channels are the public record, lawful protest, and the ballot box, not the judge's mailbox.
LetterAgent mails letters to US and Canadian addresses, so it can mail case-related correspondence, such as a letter to the other side's lawyer or a filed document's cover letter. But a letter addressed to the judge arguing a pending case is exactly the kind of letter this guide warns against, and LetterAgent cannot make it proper. Use the service for the correspondence that belongs in the mail, and put arguments to the judge in filed documents served on the other side.
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