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Professional Conduct - J. EX PARTE COMMUNICATIONS WITH COURTS AND OTHERS

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Article Index
Professional Conduct
FOREWORD
PREAMBLE
A. GENERAL PRINCIPLES
B. SCHEDULING, CONTINUANCES, AND EXTENSIONS OF TIME
C. SERVICE OF PAPERS
D. WRITTEN SUBMISSIONS TO COURTS, INCLUDING BRIEFS, MEMORANDA, AFFIDAVITS, AND DECLARATIONS
E. COMMUNICATION WITH ADVERSARIES
F. DEPOSITIONS
G. DOCUMENT DEMANDS
H. INTERROGATORIES
I. MOTION PRACTICE
J. EX PARTE COMMUNICATIONS WITH COURTS AND OTHERS
K. SETTLEMENT AND ALTERNATIVE DISPUTE RESOLUTION
L. TRIAL CONDUCT AND COURTROOM DECORUM
All Pages
J. EX PARTE COMMUNICATIONS WITH COURTS AND OTHERS
  • A lawyer should avoid ex parte communication on the substance of a pending case with a judge before whom the case is pending.
  • Before making an authorized ex parte application or communication to the court, a lawyer should make diligent efforts to notify the opposing party or a lawyer known or likely to represent the opposing party and to accommodate the schedule of that lawyer to permit the opposing party to be represented on the application. A lawyer should make an ex parte application or communication (including an application to shorten an otherwise applicable time period) only when there is a bona fide emergency that will result in serious prejudice to the lawyer's client if the application or communication is made on regular notice.
  • Attorneys should notify opposing counsel of all oral or written communications with the court or other tribunal, except those involving only scheduling matters.
  • A lawyer should be courteous and may be cordial to a judge, but should never show marked attention or unusual informality to the judge. A judge should be referred to by surname in court. A lawyer should avoid anything calculated to gain, or to have the appearance of gaining, special personal consideration or favor from a judge.