Probate Courts

Information and Filing Fees

Ex Parte Communication

Cannon 3 of the Code of Judicial Conduct entitled Performing the Duties of Judicial Office Impartially and Diligently states that a judge shall accord to every person who has a legal interest in a proceeding, or the person's lawyer, the right to be heard according to law and that a judge shall not initiate, permit, or consider ex parte communications made to the judge outside the presence of the parties between the judge and a party, an attorney, a guardian or attorney ad litem, an alternate dispute resolution neutral, or any other court appointee concerning the merits of a pending or impending judicial proceeding.  Further, a judge shall require compliance by court personnel subject to the judge's direction and control.  If you are in doubt whether a question is ex parte, ask us, and we'll tell you whether or not we can answer it.

Examples of Ex Parte Communication include:

• I just got my client appointed as executor and the sister of the deceased has some of his possessions, what should I do?  The case has the potential for an adversarial action and any advice given by court staff may disqualify the case from being heard in that court.

• Attorney poses a hypothetical question to the court staff on a case that is presently before the court. The staff cannot give you advice on this case since it is currently before the court.

Filing fees:

Please contact the Probate Clerk at 210-335-2241.