Ex Parte Communications

"Ex parte" is Latin and means, "on one side only; by or for one party." An ex parte communication occurs when one party to a case, or someone involved with a party, communicates (either verbally or via written means) directly with the judge about issues in the case without the other party's knowledge. Judges may not permit or consider "ex parte" communications unless expressly allowed by law. The rule banning such communications ensures the fairness of the court process. All parties will have the same information as the judge who will be deciding the case.

"Party" refers to any person or organization who sues or is sued.  If a party wishes to communicate with the judge or ask the judge to take a certain action in the case, the party may file a written motion with the clerk of the court where the case was filed explaining what relief is being sought and why the party is entitled to such relief. If a motion is filed, a copy must be sent to the other party to the case before being sent to the court.

Certain ex parte communications to a judge or court personnel are allowed by law. For example, judges may hear ex parte emergency requests for temporary restraining orders.

Examples of improper ex parte communications:

– A defendant's change of venue motion in a criminal trial; and

– Seeking a restraining order that affects freedom of speech.

This guide is intended to provide information. It is not legal advice. If you have questions about this information or your rights under the law, please seek the advice and counsel of an attorney.