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Texas Municipal Courts Education Center (TMCEC) Level 1 Practice Exam

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The statement 'A letter to the judge from a defendant telling his side of his or her case is not considered ex parte communication' is True.
Correct Answer:
False
Explanation:
Ex parte communications are direct exchanges with the judge that occur without the other party being present or informed. A letter from the defendant to the judge that presents their side of the case and isn’t shared with the opposing side fits this definition. Because of that, such a letter is ex parte, making the statement false. In practice, to avoid ex parte issues, information like this should be submitted as part of the public record with notice to the other side, or the other side must be allowed to respond; only when the letter is filed with the court and served on the other party would it not be ex parte.

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