Before trial, the judge comes to the clerk and asks what information she should know about the cases before going to trial. What information may the clerk tell the judge that would not be considered ex parte communication?

• A. Administrative matters concerning scheduling of the cases for trial or motions for continuances.
• B. The merits of any of the cases, or information blurted out by defendants, or conversations with witnesses.
• C. Administrative matters, but only if the judge asks not to discuss anything else.
• D. None; no information may be discussed.

Answer: (A)

Ex parte communication rules separate what’s administrative from what’s substantive. The clerk may share information that helps manage the docket but does not touch on the case’s merits. Scheduling details for trial, deadlines, and motions for continuances are exactly this kind of administrative matter. They don’t reveal arguments, evidence, or positions from any party, so sharing them with the judge isn’t considered ex parte.

Information about the merits of the case, statements by defendants, or conversations with witnesses involves substantive content that could influence the judge’s decision and is not allowed to be communicated out of the presence of the parties.

The idea that administrative matters are permissible only if the judge requests not to discuss anything else isn’t correct. The rule is that only neutral, non-substantive scheduling and docket information may be shared; anything beyond that is off-limits regardless of a request.