It is not an ex parte communication to tell the judge about a death threat made by a defendant to the victim.

It is not an ex parte communication to tell the judge about a death threat made by a defendant to the victim.

• A. True
• B. False
• C. Not Ex Parte
• D. Not Allowed

Answer: (A)

Ex parte communications are conversations with the judge that happen without the other party being present, often aimed at persuading the judge about a point in the case. Telling the judge about a death threat from the defendant to the victim isn’t about arguing guilt or punishment; it’s about safety and informing the court of a potential risk. Because the information concerns safety and may lead to protective measures or a hearing, it’s appropriate for the court to be aware of it, and it can be done in a way that preserves process (for example, with proper notice or in an open setting where the other side can respond). So, it is not an ex parte communication.

Ex parte communications are conversations with the judge that happen without the other party being present, often aimed at persuading the judge about a point in the case. Telling the judge about a death threat from the defendant to the victim isn’t about arguing guilt or punishment; it’s about safety and informing the court of a potential risk. Because the information concerns safety and may lead to protective measures or a hearing, it’s appropriate for the court to be aware of it, and it can be done in a way that preserves process (for example, with proper notice or in an open setting where the other side can respond). So, it is not an ex parte communication.