Dillingham, AK asked in Family Law for Alaska

Q: Ex. wife wrote a letter to the judge and I after her motion was denied.

The letter was full of slander and comments aimed at destroying my character. In the original motion my ex. asked to have the kids during the school day. Her motion was denied. She also stated my payments are not current for her credit card. The judge asked her to provide proof of this. Instead, of providing the evidence and saying I owe this amount like the court asked she wrote a 3 page letter tearing me down and then saying I owe her nothing. Do I have to answer this letter since it is not a motion?

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1 Lawyer Answer
Phyllis Shepherd
Phyllis Shepherd
  • Anchorage, AK
  • Licensed in Alaska

A: It is an ex parte communication to the judge, but if it is made part of the court file available for public viewing, then you could file a motion to make this letter to the judge confidential or sealed under Alaska Administrative Rule 37.6 ( b)(2) dealing with privacy interests.

The judge asked her to provide proof for her motion and she did not do so. Thus, she is technically in contempt of court for disobeying a court order that required her to provide proof. You might file a motion to hold her in contempt of the court's order under CIvil Rule 90 (b)

Under Civil Rule 12 (f) a motion to strike may be made to strike from any pleading any insufficient defense, or any redundant, immaterial, impertinent, or scandalous matter.

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