Also known as:ex parte declaration · ex-parte declaration · ex-parte declarations · ex parte · ex-parte
Written by attorneys · grounded in primary & secondary sources — see below
An out-of-court statement offered without notice to or participation by an adverse party.
Sources & Authorities
How it applies
Common Examples
6
Judge Rejects Direct Contact
Esther Eisenberg sent the trial judge a letter detailing why she should prevail against Edgar Evers on a contract claim. The judge declined to read or act on the letter because it reached the court outside the presence of both parties and addressed substantive issues rather than scheduling.
Lawyer Discloses Adverse Facts
Elite Dynamics sought an ex parte temporary restraining order against Equinox Energy. Its counsel presented the court with internal emails showing that the claimed trade secret had already been publicly disclosed, ensuring the tribunal could weigh all material information before deciding.
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Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Study Supplements
Elliot Edmonds submitted an ex parte declaration in his federal suit against a state environmental officer detailing ongoing permit violations. The court considered the out-of-court statement because it was offered without notice to the adverse party yet supported prospective relief.
Scheduling Call Disclosed
Ezra Eastman telephoned the judge's chambers to request a new hearing date in his dispute with Eileen Epstein. The judge immediately notified Epstein's counsel of the call's content and set a deadline for any response before resetting the date.
Attorney Avoids Juror Contact
Empire Logistics's lawyer learned that a seated juror had questions about work absences. Counsel refused to speak with the juror directly and instead filed a written request asking the court to address the matter on the record with all parties present.
No Advantage from Call
Esme Ellington's counsel called chambers to confirm an emergency continuance after her witness fell ill. The judge verified that the call conveyed only the scheduling need, created no tactical edge for either side, and promptly informed opposing counsel of the conversation.
Common questions
Frequently Asked
3
When may a judge properly receive an ex parte communication about scheduling?+
A judge may receive an ex parte communication limited to scheduling, administrative, or emergency purposes that does not address substantive matters, provided the judge reasonably believes no party gains an advantage and promptly notifies all other parties of the substance while giving them an opportunity to respond.
Supporting sources
What duty does a lawyer have when appearing in an ex parte proceeding?+
A lawyer appearing in an ex parte proceeding must inform the tribunal of all material facts known to the lawyer that will enable the tribunal to make an informed decision, whether or not those facts are adverse to the lawyer's client.
Supporting sources
Does the Confrontation Clause bar admission of ex parte declarations?+
The Confrontation Clause bars admission of testimonial ex parte declarations against an accused unless the accused has an opportunity for cross-examination of the declarant.
Supporting sources
541 U.S. 36 (2004)Evidence
…common-law tradition is one of live testimony in court subject to adversarial testing, while the civil-law tradition relies on ex parte examinations. Pp. 3–8. (b) The historical evidence leaves little doubt that the principal evil at which the Confrontation Clause was directed was the civil-law mode of criminal procedure,…