NALA Certified Paralegal Exam 2025 – 400 Free Practice Questions to Pass the Exam

Ex parte communication refers to communication with a judge without the presence or knowledge of the opposing party, and it is generally discouraged to ensure fairness in legal proceedings. However, there are specific situations where such communication may be deemed appropriate, particularly in emergency circumstances.

In scenarios classified as emergencies, immediate action may be necessary to prevent harm or to address urgent issues that cannot wait for the regular course of action or for both parties to have the opportunity to present their views. For instance, if a proposed order is essential to safeguard a party's rights or wellbeing and delaying that order could lead to irreversible damage or prejudice, such communication may be allowed to ensure timely intervention by the court.

Other choices may lack the urgency or justification for bypassing the standard protocol of including both parties in discussions with the judge. Being "too busy" or needing informal counsel does not constitute a sufficient basis for ex parte communication, nor does mutual agreement between parties to discuss a matter separately inherently meet the criteria for ex parte interactions. Overall, the emergency situation is critical in justifying the necessity for such communication, making it the appropriate choice in this context.