How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask William B. Esq. Your Own Question

William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3000
Experience:  Civil litigation attorney for individuals and businesses.
71563194
Type Your Legal Question Here...
William B. Esq. is online now
A new question is answered every 9 seconds

A judge denied me evidence that was introduced into court by

Resolved Question:

A judge denied me evidence that was introduced into court by the opposing party. The transcripts indicate that I did ask him for all information presented. This did not happen. I am looking for the statute or rule of law that states a judge must show all parties any evidence that is presented in court. This happened in a town court located in the state of new york. Thank you.
Submitted: 10 months ago.
Category: Legal
Expert:  William B. Esq. replied 10 months ago.

William B. Esq. :

Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

What you are referring to is an "ex parte" communication, where one party speaks to a judge, or provides information or documents to the judge outside the knowledge, or hearing of the other party.

William B. Esq. :

Here is an excerpt from a Judicial Primer from the NY State Court of Appeals with statutory and case law references that may be of assistance:

William B. Esq. :

Ex parte communications
Code of Professional Responsibility DR 7-110(b) (22 NYCRR 1200.41) states:
In an adversary proceeding, a lawyer shall not communicate, or
cause another to communicate, as to the merits of the cause with a judge
or an official before whom the proceeding is pending, except:
7 1. in the course of official proceedings in the cause;
2. in writing if the lawyer promptly delivers a copy of the
writing to opposing counsel or to an adverse party who is not
represented by a lawyer;
3. orally upon adequate notice to opposing counsel or to an
adverse party who is not represented by a lawyer; or
4. as otherwise authorized by law, or by the Code of Judicial
Conduct.
The Rules of Judicial Conduct governing judges prohibit ex parte
communications except, inter alia, those made "for scheduling or administrative purposes
. . . that do not affect a substantial right of any party" (22 NYCRR 100.3[6][a]) Those
rules also permit a judge to confer separately with the parties, with their consent (see 22
NYCRR 100.3[6][d]).
Sending ex parte letters to a judge explaining a client's default and inquiring about
procedure to reopen a matter warrants discipline (see Matter of Abbot, 167 AD2d 617 [3rd
Dept 1990]).
A new trial was ordered where a trial judge improperly considered an ex parte
conversation with the plaintiff’s attorney prior to issuing a supplemental order which
resolved substantive issues in the prior trial (see Antoci v Antoci, 113 AD2d 857 [2nd Dept
1985]).

Customer:

The evidence was presented in Small Claims court. I was there, but the evidence was given directly to the judge. He looked at it and returned it directly to the opposing party. I did not get a chance to review. This was very important because the opposing party said it was a certified letter that she sent to my family attorney. He never got it. I told this to the judge. The judge was quick to provide my evidence to the opposing party, but I was never given the opportunity to view the letter.

Customer:

The evidence was presented in Small Claims court. I was there, but the evidence was given directly to the judge. He looked at it and returned it directly to the opposing party. I did not get a chance to review. This was very important because the opposing party said it was a certified letter that she sent to my family attorney. He never got it. I told this to the judge. The judge was quick to provide my evidence to the opposing party, but I was never given the opportunity to view the letter.


William B. Esq. :

The fact that the evidence was given strictly to the judge and not to you makes this an "ex parte communication"

William B. Esq. :

(you can be in the room, and still made unaware of the communication made to the court - the other party has an obligation to give you the document, both the other party and the judge are in violation of this rule).

William B. Esq. :

Here is a link to the rules of judicial conduct: http://www.nycourts.gov/rules/chiefadmin/100.shtml

William B. Esq. :

Here is a link to an article regarding the rules of professional conduct (attorney): http://assets.wne.edu/162/25_note_Legal_Et.pdf

William B. Esq. :

And this is the link to the full article that I cited earlier (look for pg. 8 in the article - pg. 11 in the PDF): http://www.courts.state.ny.us/courts/ad2/forms/Law%20Guardian%20handbook/OrientationtotheProfessionProgramMaterials.pdf

Customer:

Thank you sir. That is what I needed to know.

William B. Esq. :

You are welcome, I do wish you the best. Please do not hesitate to let me know if you have further questions.

William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3000
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 16 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.