FJDCR 1.9

(a) Definition. “Ex parte communication” is any communication from any person made, directly or indirectly, to the judge outside the presence of the parties or their lawyers, that relates to a pending or impending matter, and that might reasonably result in a party gaining some advantage in the litigation.

(b) Not allowed; exceptions. No person will initiate, make, have, or cause an ex parte communication concerning a pending or impending matter, with a judge, judicial assistant, law clerk, or other person subject to the judge’s control or direction. There are two exceptions:

(1) When the communication is specifically permitted by law; or

(2) When circumstances require ex parte communication to address an emergency.

(c) Notice to other parties. Even when ex parte communication is specifically permitted by law or because of an emergency, the party or attorney attempting or making the ex parte communication must, as soon as reasonably possible, give notice of the ex parte communication to all parties, and attempt to include all parties in any hearing or further communications with the judge. The party or attorney seeking ex parte communication must certify and present specific facts showing the efforts made to include the opposing attorneys or self-represented parties in the ex parte communication and further communications with the judge, and the efforts made to provide notice of the ex parte communication to the opposing attorneys or self-represented parties, whether by personal service, telephone, mobile phone, text messages, email, other social media platforms, or other means, and the result of those efforts.