How to avoid ex parte communication?
Asked by: Evelyn VonRueden MD | Last update: January 30, 2026Score: 4.1/5 (11 votes)
To avoid improper ex parte communication, ensure all communications about a case with a judge or official happen with all parties present or notified, maintain transparency by serving all documents on opposing counsel, avoid discussing case substance privately, and understand specific exceptions like emergencies or court-appointed roles, always adhering to court rules for fairness and impartiality.
What are the consequences of ex parte communication?
Consequences of Ex Parte Communication
The party responsible for the violation may also face financial penalties, including covering the costs incurred by the other side. In severe cases, they could even be charged with contempt by the Workers' Compensation Appeals Board (WCAB). Compliance with these rules is crucial.
How to object to an ex parte?
If you want to object to and change the ex parte order, you must file an objection and motion within 14 days after you are served with the ex parte order. After you file the objection and motion, the friend of the court is required to attempt to resolve the dispute within 14 days after receiving your objection.
What should you never say to a judge?
You should not say anything sarcastic, interrupt the judge, lie, use slang, make personal attacks on others, guarantee outcomes, or speak about things not relevant to the case; instead, remain respectful, address the judge as "Your Honor," answer only the question asked, and be direct and truthful to maintain credibility.
How to respond to an ex parte?
If You Have Been Noticed of an Ex Parte Hearing
You are not required to file a Response to the Ex Parte request. However, you may submit a response along with valid proof of service to the moving party via the Court's dropbox by 8:30 a.m. on the scheduled ex parte hearing date.
How Can You Prevent Ex Parte Communication? - CountyOffice.org
What is the biggest mistake in custody battle?
The biggest mistake in a custody battle is losing sight of the child's best interests by letting anger, revenge, or adult conflicts drive decisions, which courts view negatively, but other major errors include badmouthing the other parent, failing to co-parent, poor communication, violating court orders, and excessive social media use, all damaging your case and your child's well-being.
Do judges like when you call them your honor?
I'm a judge, and I admit it: I like being called “your honor.” Call me entitled if you want, but I disagree with the Kentucky federal judge who made headlines last fall for saying that modesty forbids him from accepting this distinction.
What annoys a judge?
Other judges said they dislike personal attacks, snide remarks, innuendo, or sarcasm. One judge said his or her biggest pet peeve is “the growing tendency to wax personal in responding to arguments.” Unorganized briefs.
What is the hardest case to win in court?
The hardest cases to win in court often involve high emotional stakes, like crimes against children or sexual assault, where jurors struggle with bias; complex, voluminous evidence, such as white-collar fraud; and defenses that challenge societal norms, like an insanity plea, which faces high scrutiny and conflicting expert testimony. Cases with weak physical evidence, uncooperative witnesses (like in sex crimes), or those involving unpopular defendants (e.g., child abusers) are particularly challenging for defense attorneys.
What is the B word for lawyer?
The "B word" for a lawyer, especially in the UK and Commonwealth countries, is Barrister, which refers to a specialist lawyer who argues cases in higher courts, distinct from a solicitor, though other terms like Attorney, Counsel, or even the pejorative "ambulance chaser" can be used, while "Esquire" (Esq.) is a title for any licensed lawyer in the U.S.
What is the best evidence objection?
The best evidence rule applies when a party wants to admit the contents of a writing, recording, or photograph at a trial, but that the original is not available. In the event that the original is unavailable, the party must provide a valid reason why.
What looks bad in a custody battle?
In a custody battle, bad behavior that looks bad to a judge includes parental alienation (badmouthing the other parent to kids), dishonesty, interfering with parenting time, emotional outbursts, making threats, using the child as a messenger, and failing to prioritize the child's needs over conflict, as courts focus on the child's best interests, not parental disputes. Actions like substance abuse, criminal issues, or creating instability for the child also severely harm your case.
What are the disadvantages of ex parte?
The main disadvantages of ex parte (one-sided) legal actions are severe risks to due process, creating bias, undermining public trust, and potential legal penalties, as they allow one party to present information without the other's input, leading to incomplete records, potential manipulation, and unfair rulings, especially when used for non-emergency situations.
How can you prevent ex parte contact?
How to Prevent Ex Parte Communications
- Open Channels of Communication: Both parties should be informed of all communications with the judge. ...
- Requesting a Hearing: If urgent matters arise that require immediate court attention, both parties should be present or notified of the hearing.
Can you get in trouble for talking about a court case?
You have the right to free speech, but that right has limits when it comes to legal matters. Posting about an ongoing case can open the door to legal consequences such as contempt of court, defamation or even obstruction of justice.
What proof is needed for an ex parte order?
Requirements for ex parte custody orders
You must demonstrate that there is an imminent threat to your child's health and safety. For example: Your child is being abused or neglected. There's a risk of parental abduction.
What is the stupidest court case?
We all know the most famous frivolous lawsuit story. Stella Liebeck sued McDonald's back in 1992 when she spilled hot coffee on herself. "But coffee is meant to be hot" we all cry. Dig a little deeper into the case however and it starts to look less frivolous.
Which lawyer wins most cases?
There's no single lawyer universally recognized for the most cases won, as records are hard to track and definitions vary, but Gerry Spence is famous for never losing a criminal case and a long civil win streak (until 2010), while Guyanese lawyer Sir Lionel Luckhoo holds a Guinness World Record for 245 successive murder acquittals, making them top contenders for different aspects of "most wins".
What happens to 90% of court cases?
According to the Department of Justice's Bureau of Justice Assistance, "The overwhelming majority (90 to 95 percent) of cases result in plea bargaining."
What do judges fear?
During the defendant's second trial, the defendant threatened to kill the jurors. Judges also have safety concerns: a judge in New York barely avoided being shot when a former defendant fired a sawed off rifle in the courtroom. Other judges have been threatened, injured, or killed while on the job.
What makes you look bad in court?
Dress Like You Are Going to Church
No low necklines, shorts, stiletto heels, tight jeans (actually, avoid jeans altogether), or sleeveless shirts. If you are wearing a button-up shirt, make sure it is fully buttoned and wear an undershirt or, if it is cool out, a sweater.
What color do judges like to see in court?
Judges generally prefer neutral, conservative colors like navy, gray, black, and white, as these convey seriousness, respect, and professionalism, avoiding distractions in a formal court setting; bright colors, bold patterns, and overly casual attire should be avoided to show you're taking the proceedings seriously. While some suggest lighter, muted tones (like light blue) might leave a favorable impression, the key is sobriety and fitting in, not standing out.
How to impress a judge in court?
To impress a judge, be prepared, respectful, and credible by dressing appropriately, arriving early, knowing your case thoroughly, staying calm and polite (using "Your Honor"), speaking clearly and directly, avoiding exaggeration or opinion, and showing active engagement through note-taking. Judges value clarity, honesty, and efficiency, so provide easy-to-understand facts and solutions rather than emotional outbursts or unrequested details, allowing your attorney to handle communication.
What do judges like to be called?
Outside of the Supreme Court, always use “The Honorable (full name)” in your correspondence. STATE COURTS [Note: States may vary on titles of judges.