What is the rule about ex parte communications with the judge?

• A. Generally prohibited; if allowed, only under strict procedural rules with proper notice to the other party and safeguards
• B. Always allowed
• C. Allowed if the judge is friendly
• D. Allowed if the barrister has a private conversation.

Answer: (A)

Ex parte communications with the judge are generally prohibited because fairness requires that both sides have the opportunity to present their case and challenge the other side’s evidence. A decision should be based on material disclosed or available to both parties, not information shared privately with the judge outside the adversarial process.

If an ex parte step is ever allowed, it must follow strict procedural rules: there must be proper notice to the other party, safeguards to ensure the other side can respond, and limits on what can be discussed. In urgent situations, permission or leave may be required, with arrangements to disclose and address it later so the other side isn’t prejudiced.

That’s why the correct approach is that ex parte communications are generally prohibited; if allowed at all, they must be tightly controlled with notice and safeguards to preserve fairness. The other options fail because they propose private, unnotified, or unilateral conversations that undermine the obligation of a fair hearing.