Also known as: ex parte presentations · ex parte · one-sided presentation
Written by attorneys · grounded in primary & secondary sources — see below
A submission or argument made to a judge or tribunal by one party without notice to or presence of the opposing party or counsel. The presentation is permitted only in narrow circumstances such as true emergencies or when expressly authorized by law and must not confer any procedural or substantive advantage.
Eclipse Manufacturing's counsel telephoned the judge at 11 p.m. to request an emergency stay in a pending contract dispute. The judge listened to the arguments without notifying Eastern Electric's counsel. The court later vacated the resulting order because the communication addressed substantive issues outside the presence of all parties.
Elena Estrada sought an ex parte temporary restraining order against Evergreen Bank. Her lawyer knew the bank had already restored the disputed funds but did not disclose that fact to the court. The order was later dissolved once the omitted information came to light.
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Erika Echevarria's counsel made an ex parte presentation to the federal judge seeking an emergency injunction against the state health commissioner. The submission addressed only prospective relief and future compliance without notice to opposing counsel. The court accepted the filing because it was limited to an authorized emergency request.
Edith Eberhardt's lawyer contacted the judge solely to reschedule a hearing after a medical emergency. The judge confirmed that Elemental Pharmaceuticals would receive immediate written notice of the conversation and an opportunity to respond. The administrative communication was therefore permitted.
Esther Eisenberg's lawyer filed an ex parte application with the court to obtain a subpoena for an indigent witness after showing necessity. The submission occurred without notice because the rule expressly authorized it. The court granted the request and preserved the statement under seal.
Ella Emerson's counsel made an emergency call about a discovery deadline while opposing counsel was unreachable. The judge confirmed that no substantive issues were discussed and promptly notified both sides. The communication created no procedural advantage for either party.
A judge may receive an ex parte communication only for scheduling, administrative, or emergency purposes that do not address substantive matters. The judge must reasonably believe no party gains an advantage and must promptly notify all other parties of the substance of the communication.
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A lawyer 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 the facts are adverse to the client.
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The judge must promptly notify the parties of the substance of the communication and provide them an opportunity to respond.
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