Which statement best describes ex parte communication?

• A. A permitted discussion between counsel and the judge in the presence of all parties.
• B. Direct communication with the judge outside the presence of other parties.
• C. A formal written notice to the judge.
• D. A private meeting between the judge and a witness.

Answer: (B)

Ex parte communication means a private discussion about a case between a judge and one party, conducted without the other party being present or notified. This kind of one-sided contact can create bias or the appearance of bias, which is why courts restrict it to preserve fairness.

The statement that best describes this is direct communication with the judge outside the presence of other parties. It captures the essential idea: the judge is receiving information or viewpoints from one side without the other side in the room.

The other descriptions don’t fit as clearly. A discussion in the presence of all parties isn’t ex parte because everyone is there. A formal written notice isn’t a direct private discussion with the judge. A private meeting between the judge and a witness involves a private contact, but ex parte concerns private contact by a party to influence the judge, making the direct party-to-judge interaction the clearest, most representative description.