Importance of a Statement to the Court
The primary purpose of creating a court statement letter is to convey essential information about the ongoing legal matter or case in a clear and concise manner. This document, which is often requested by the court or opposing counsel, provides a summary of the current status of the case, updates on key developments or changes, and any other relevant information that could assist the court in making an informed decision about how the case should proceed.
The importance of a court statement letter cannot be overstated. It serves as a vital means of communication between the court and the parties involved in the case, and it is crucial in enabling the court to stay apprised of recent progress and any relevant facts. One of the most essential uses of a court statement letter is to keep the judge informed about the next steps in a case . If a group of parties has reached a settlement, for example, it is important to communicate this to the judge as soon as possible. Without this information, the court would be forced to spend unnecessary time in resolving a case that has already been agreed upon by all relevant parties.
While writing court statement letters might seem like a simple exercise, it can be exceedingly complex, particularly if you have little or no experience with the necessary writing techniques and legal terminology. With all of the different rules and regulations governing these types of letters, it can be difficult to formulate the proper characterizations and descriptions of relevant issues without prior experience. But familiarizing yourself with how court statement letters are supposed to be written can help you to better understand both your own duties and your rights related to them.
What Should a Statement to the Court Include?
When done correctly, a court statement letter can be a powerful tool in the civil justice system. Since statement letters are typically the first document filed with a court in any suit, it is critical that you document your story in a way that not only tells the court the essential facts but also paints the best possible picture of your case.
In essence, the following sections should be included in any effective statement letter for a court:
Factual Information For any court to rule in your favor, you must first tell the judge the facts of the case. This means that you have to provide more than a cursory account of the incident in question. A court will never rule in your favor if you do not present all the details in a clear and concise manner. In addition, a good statement letter must avoid adding unnecessary information that can distract a judge from the real issue before the court. Essentially, while you must give a full account of the event in question, you must also avoid any verbiage that does anything but create a clear picture of what happened and why the court should rule in your favor.
Chronological Order In the context of a legal account, chronological order is essential for creating a clear record of what happened, when it happened, and how the events in question fit in with the greater timeline of the world outside of the event. For instance, if an accident occurred in 2010 on the day that the farmer’s market in your community opened for the year, the letter must indicate that information clearly so that the court has a broader idea of how the event in question fits into the surrounding circumstances. In turn, the judge will be more likely to grant a favorable ruling to your motion because you have made it easy to see how the situation fits into the other events of the period.
Relevance While a statement letter must provide a complete picture of the incident in question, it must also avoid any superfluous information irrelevant to the case. In short, this means that you will need to avoid any details that distract the court from the real issue before them. Otherwise, you run the risk of muddying the waters for the judge, who may dismiss your case because they do not understand the core issue before them.
A Step-By-Step Guide in Writing a Statement for Court
1. Identify the Purpose
The first thing you need to do is be clear about what your goals are with the letter, who you are writing it to and what you are asking of them. Who may be receiving the letter from you? It could be the judge, the other parent, an advocate or another type of third party that the judge, in his or her wisdom, has decided to assign to your case. For judges it is important that you accurately follow any requirements they have listed with respect to how to address the recipient and what the statement letter needs to contain, in addition to the more general guidelines.
2. Required Information
With the goals for your letter in mind, you now need to consider what information is going to be necessary to include in the finished product. Some letters may just need to address a very simple issue while others may need to be several pages long, full of backup materials, resources and various offers of assistance to the reader. Think about the purpose, what details you can include to help the recipient understand what you want and what you are asking of them, what back up material you need to provide to the reader to assist them in coming to an appropriate conclusion, or what resources are available to the reader to help them to decide their response.
3. Write the Draft
Now that you have all the pieces, you have outlined the plan, including the recipient, purpose and needed required information, it is time to write the draft of the letter. At this point, you are not looking to be perfect, only to be as accurate and detailed as you can. The draft is very likely to be wordy, but that’s okay.
4. Edit the Draft
Now that you have finished writing the first draft, it is time to begin the editing and follow up process to finalize the finished product. Read through your draft answers for clarity and accuracy. Make any needed changes and proofread the final production to remove any spelling or grammar errors. You can always use spelling/grammar check in your word program to assist you, but make sure to proof read anyway to ensure the program recognizes any other mistakes the program may not be able to recognize. You may also want to have a trusted friend or co-parent read the letter to see if they can offer you any additional suggestions, or to simply ensure that the letter is written in a way that is easy to understand from another’s perspective. This will also help you double check the document for accuracy.
5. Submit the Letter
With the letter now finalized, you are ready to submit the document into the record. It is wise to type out and sign the finished letter and either submit it through an official electronic filing service or have the document printed and signed, clearing the recipient’s office to provide you with a copy stamped received. If the judge has set specific rules for your letter, be sure to follow those in the manner you submit the document.
Now that you know how to write a statement letter for the court, you can then begin to utilize the same process in other types of statement letters such as those associated with 501(c)(3) non-profit organizations. But, here, we review the Statement Letters used in Family Law issues specifically.
How to Make a Credible Statement
Credibility is a huge component that dictates how a court hears you. A court statement letter is one of many items in a case that a judge or supervising attorney will review to get a feel for who you are and whether or not you have any shred of credibility. Here are several examples of ways to ensure that they do:
Make Your Points Without Emotion – Most statements going to court will involve emotional components (like a custody battle, for instance). But when it comes time to give your side, your statement shouldn’t be controlled by your feelings. Give just the facts without fanning the flame of how you’re feeling and without taking time to show the other side’s faults. Doing so shows an officer of the law that you’re more interested in the welfare of your case than you are in being right or getting revenge.
Speak in Clear, Simple Language – Again, when you’re losing your cool- which is human- keep it out of your statement letter. Speak in simple, clear language so that no one has to puzzle out what you meant to say. When it comes to writing a letter to a court, the simpler the words are, the better off they are. You aren’t trying to impress anyone with your vocabulary; you’re trying to convince them of your point of view.
Back Up Your Statements – Have you documented what you’re talking about? Maybe you don’t have police reports or eyewitness accounts, but maybe you do. In either case, find ways to back up what you’re saying so that a court will know that you haven’t just pulled it out of thin air. Too many people send in a court statement letter that sounds like it was made up on the spot- when in fact it probably was- and that’s never going to look good in front of a judge.
Cite Authoritative Sources When Possible – Unless the person reading your case is an internal web link, don’t use jargon or acronyms that most people wouldn’t know about or understand. If you need to name a statute that has to do with your case, do so to show that you’ve done the research and that you know how the law pertains to your situation.
Some Mistakes to Avoid When Writing a Statement to the Court
A question asked far too often in the world of family law is – how can I make my court statement even though I cannot afford a lawyer? Wherever you live in the world, you will always have the option of conducting litigation without a solicitor or lawyer. However, this does not mean that it is a good idea or that you are guaranteed a result for taking this path. In any area of law, you can never replace the benefit of good legal advice. And, when it comes to writing a statement letter for court, you may well need to avoid these pitfalls if you want your paperwork to hold any positive value for you. In this section, we will outline some of the more common mistakes and how you can avoid them. When writing a statement for the courts, there are a few common mistakes people make.
- Leaving something important out. The courts need to know facts in full detail, regardless of how embarrassing they may be. If you omit something from your statement, you may find that the courts ‘read between the lines’ and make a decision that could be life-changing for you.
- Overcomplicating things. The process is difficult enough to grasp without having to look up unknown jargon. In addition, judges and members of the court do not want to read a bunch of legal jargon, so you shouldn’t put them through that . You’ll get a much better response if you keep things simple.
- Explaining the facts poorly. Even if you’re a legal expert, if your statement lacks clarity and leaves the reader confused, it will be worth nothing to you. Again, keep things simple.
- Imprecise language. When writing a court statement letter, you need to be aware that the issues you face may be very delicate. The language you use could be taken the wrong way, so be careful with what turns of phrase you use. The same goes with accusations, accusations are hard to prove and you must keep your focus on the issues.
- Copying a court statement letter from another party. You may feel tempted to save yourself time by copying a court statement letter from someone else; perhaps even past correspondence from your ex. You must not do this, as it will be clear to the courts that you are not putting in the work required for your case. It could also mean that you omit something necessary, or include evidence that is wrong in this context.
Don’t make the mistake of assuming that when you take the time to write your court statement letter, you are guaranteed the outcome you wish for. The courts will make their decision based on the facts you provide them with – so long as you follow the rules and keep things crystal clear at all times, you have nothing to fear.
Sample Statement to the Court
A sample statement letter for a court hearing is presented below, and can be used as a guide when preparing your letter. Note that the specific content will vary based on the matter at hand, and this is intended to be a general template.
[Your Address]
[City, State ZIP Code]
[Your Email]
[Today’s Date]
[Recipient’s Name]
[Recipient’s Role or Title, if known]
[Recipient’s Office/Department, if known]
[To be addressed as per the court / or ‘Team’ (if informal)]
Re: [Specific detail about what the case is about and what the statement letter is for, i.e.; "To Whom it May Concern as it pertains to the Child Support Case Number 123456" ]
I request the Courts consideration in all that follows as it would apply to an upcoming case, that is of great importance to me,
An example, would be…as it pertains to the aforementioned case, a breakdown of the facts as I understand them today are, in no order these are some of what I consider important details.
I would like for you to consider all the above, and respectfully ask the Court to, in light of the facts stated above and the 3rd party facts as well, consider all related inquiry to the matters stated within. Please consider the applicant, as in me, as a person of goodwill, and not in deep contempt as some may consider my self about the applicant, as in, me. The facts above are what I have seen, know of today, and have been made aware of through independent conduct and investigation, whenever possible I only speak of what I know to be true. I would appreciate the Courts view, and thank you in advance for either considering or not considering the applicant as it pertains to the above.
Respectfully Submitted,
[Your Full Name]
Legal Tips in Writing a Statement for Court
Despite the fact that taking statements is one of the cornerstones of any investigation, it is also one of the more difficult aspects to get right. Whether by accident or design, the vast majority of court statements prepared in the absence of legal advice will contain mistakes or deviations from the code and standard of practice required by law. These mistakes may be so small as to be written off as negligible, or so severe that the court will hold the statements in contempt. For example, there are very strict rules governing the preparation of statements for family court. By deviating from these strategies , you run the risk of severely compromising the integrity of your case. Seeking legal advice or consultation is a sensible decision before proceeding with statement-writing because legal professionals can assist in assessing the quality of the statement letter and refining it so that it is of a higher quality, which can help boost the level of integrity of the statement. Obviously, if the statements you prepare are of a high quality, they can only improve the chances of your success in the case.
